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14 Apr 2020, 1:30 am
Following the AG's decision, the CJEU has finally considered the question of offensive trademarks and handed down their judgment earlier this year.The case of Constantin Film Produktion GmbH v EUIPO concerned an application to register the name "Fack Ju Göhte" (EUTM 13971163), which is the name of a German comedy film produced by Constantin. [read post]
30 Jan 2022, 7:12 am
Here they are in case you missed them:TRADE MARKSKatfriend Marijus Dingilevskis posted on a recent decision of the Lithuanian Supreme Court, which states that even if a trade mark has been registered in the international register for 40 years, this is no guarantee that a subsequent national designation will be also registered.GuestKat Becky Knott commented on the decision of the 2nd Board of Appeal in case R 609/2021-2 [Volkswagen Aktiengesellschaft v European Flipper /… [read post]
28 Jan 2022, 4:01 am
CeramTec GmbH, Cancellations Nos. 92058781 and 92058796 [Consolidated proceedings for cancellation of two registrations for the color pink applied to the entire surface of hip joint balls, on the grounds of Section 2(e)(5) functionality and fraud.] [read post]
25 Jan 2018, 3:52 am
Mr Hobbs QC considered the relevant authorities including the judgment of Arnold J in Red Bull GmbH v Sun Mark Ltd [2012] EWHC 1929 (Ch) at [130] to [138] and the EU General Court's decision in Copernicus Trademarks (Case T‑82/14) ECLI:EU:T:2016:396. [read post]
24 Jul 2023, 10:55 am
Background Wajos GmbH (‘Wajos’) applied for registration of the following 3D EU trade mark no. 014886097 for various foodstuffs and beverages in classes 29, 30, 32 and 33: The EUIPO Examiner and the Board of Appeal (‘BoA’) rejected the application because it lacked distinctiveness (Art. 7(1)(b) EUTMR). [read post]
7 Jul 2013, 9:33 am
* Controllers decisions from January - May 2013 will be posted shortly.APPLICATION # APPLICANT Decision / Issue CONTROLLER 293/MUMNP/2008 TAKEDA GMBH Refused, 3(d) Amitava Chakraborty 5982/CHENP/2007 TECHNISCHE UNIVERSITAT DARMSTADT Refused Anoop K Joy 6063/DELNP/2006 RANBAXY LABORATORIEWS LIMITED Withdrawn - date* Ashok Kumar 4318/DELNP/2008 M/S ASTRAZECECA AB Refused, divisional ASHOK KUMAR 3724/DELNP/2006 THE UNIVERSITY OF IOWA Refused Bharat N S… [read post]
21 Feb 2019, 8:45 am
FalkPharma GmbH v. [read post]
17 May 2022, 6:24 am
.), has recently filed a patent infringement lawsuit in Munich against Ford Motor Company's German subsidiary (named Ford-Werke GmbH) over EP2291033 on a "telecommunications network and method for time-based network access. [read post]
29 Nov 2017, 2:08 am
In doing so the BGH rather restrictively applies the CJEU reasoning in its recent decision in Nintendo Co Ltd v BigBen Interactive GmbH (C-25/16) of 27 September 2017 [here], which was handed down in the context of registered community designs to trade marks. [read post]
9 Nov 2015, 3:41 pm
Warner-Lambert Co LLC v Sandoz GmbH, Sandoz Ltd and Lloyds Pharmcacy Ltd [2015] EWHC 3153 (Pat) is the latest in a series of decisions in the ongoing patent infringement dispute over pregabalin, a generic version of Lyrica. [read post]
21 Jul 2020, 1:23 am
The case of Constantin Film Verleih GmbH v YouTube LLC concerned the movies ‘Parker’ and ‘Scary Movie 5 over which Constantin had the exclusive rights to. [read post]
14 Apr 2020, 1:30 am
Following the AG's decision, the CJEU has finally considered the question of offensive trademarks and handed down their judgment earlier this year.The case of Constantin Film Produktion GmbH v EUIPO concerned an application to register the name "Fack Ju Göhte" (EUTM 13971163), which is the name of a German comedy film produced by Constantin. [read post]
11 Feb 2014, 5:59 am
Primavera Life GmbH, Appeal No. 14-1255 (Opposition No. 91196106, September 11, 2013) [The Board sustained this opposition to registration of PRIMERA for "Cosmetics and cosmetic preparations; nonmedicated nourishing creams for skin; skin milk lotions; facial creams; cosmetic creams; toilet waters; make-up preparations; non-medicated skin care preparations; foundation cream; shampoos; beauty masks; make-up powder," finding the mark likely to cause confusion with the registered mark PRIMAVERA… [read post]
20 Jun 2013, 11:56 am
Technically these are two injunctions, one against the U.S. parent company (Motorola Mobility LLC, previously Motorola Mobility Inc.) and another one against the German subsidiary (Motorola Mobility Germany GmbH) and a now-bankrupt service company named Bitronic that also distributed infringing devices. [read post]
28 Aug 2017, 7:56 am
GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995).Contextual clues: The Examining Attorney conceded that there was no evidence that anyone connected to Applicant has the surname FERET, and so this factor was neutral.Non-surname meaning: The Board found that FERET has no ordinary language meaning, though it appears as an acronym in several specialized fields. [read post]
9 Aug 2018, 8:29 am
In a more restrictive line urged by First Solar (following Metzler Investment GMBH v. [read post]
31 Aug 2015, 5:25 am
SPD Swiss Precision Diagnostics, GmbH, 2015 WL 5051769, No. 14–CV–585 (S.D.N.Y. [read post]
21 Jul 2020, 1:23 am
The case of Constantin Film Verleih GmbH v YouTube LLC concerned the movies ‘Parker’ and ‘Scary Movie 5 over which Constantin had the exclusive rights to. [read post]
3 Sep 2019, 1:30 am
Luckily, the CJEU is slated to decide this question, and Advocate General Hogan gave their thoughts on this earlier this summer.The case of Consorzio Tutela Aceto Balsamico di Modena v BALEMA GmbH concerned balsamic vinegar from the region of Modena – "Aceto Balsamico di Modena" (PGI application here). [read post]
11 Jun 2023, 6:17 pm
And so, as a bit of a publicity stunt--meant to generate at least 24 hours on the news cycle--and of course to reach out to key domestic constituencies, the German state of Baden-WürttembergOne of the richest regions in Europe’s biggest economy, and the home of Mercedes-Benz Group AG as well as Robert Bosch GmbH, adopted a law this year that puts investing sustainably on par with more traditional criteria such as profitability and liquidity. [read post]
