Search for: "In the Matter of Mark C. Bonn"
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27 Aug 2018, 6:32 am
Swingward (C‑348/04, paras. 29, 32, 45), the CJEU held that de-branding was liable to damage the reputation of the original mark. [read post]
20 Apr 2018, 5:34 am
Verena von BomhardOn 19 April 2018, the CJEU handed down its judgment in the matter Peek & Cloppenburg (PUC), a referral from the German Supreme Court in a litigation between two German companies of that same name (one of which runs under the name of Peek & Cloppenburg [PuC] “North”, the other “West”) (C‑148/17). [read post]
28 Aug 2018, 7:15 pm
The Court of Appeal applied the principles established by the Court of Justice in Philips/Remington (C-299/99), Lego/OHIM (C-48/09) and Nestlé (C-215/14). [read post]
20 Feb 2019, 8:44 pm
Sara Parrello and Fabio AngeliniIs being environmentally friendly a quality which matters for consumers? [read post]
5 Aug 2019, 2:26 am
C. [read post]
23 Mar 2020, 5:12 am
Interestingly enough, the argument that ” refusal of registration only means that the sign is not granted protection under trade mark law and does not prevent the use of the sign – even in commercial matters” echoes arguments which were made to justify the USPTO’s refusal to “THE SLANTS”. [read post]
21 Oct 2019, 1:23 am
Rather, the question of the clarity and precision of a term is an ex officio matter, to be examined by the relevant Trade Mark Office when considering an application. [read post]
31 Oct 2019, 12:37 am
Skykick (C-371/18) – see the earlier blog here. [read post]
5 Jul 2019, 5:00 am
This culinary, ethnological and mathematical introduction is meant to underline the significance of the matter C-237/19, recently referred to the European Court of Justice for a preliminary ruling by the Supreme Court of Hungary (in Hungarian: Kúria) and concerning the following 3D mark[1]: Gömböc Kft. applied for a Hungarian national trademark for the shape of the Gömböc for class 14 “decorative objects”, class 21… [read post]
10 Dec 2018, 2:14 am
Sieckmann ((C‑273/00, at § 55) and Chartered Institute (C‑307/10, a.k.a. [read post]
26 Feb 2020, 5:07 am
As for the first point, EUIPO argued that the aesthetic value of a trade mark is, as a matter of principle, irrelevant. [read post]
16 Apr 2019, 12:37 am
That said, as the new Article 7(1)(e)(iii) was (and is) immediately applicable to all trademark applications pending at March 23, 2016 (and the same should apply to national marks pending at the various dates of entry to force of the national laws implementing the Recast Directive No. 2015/2436), it is extremely puzzling and somewhat incomprehensible why certain kind of trademarks which were granted registrations immediately before March 23, 2016 are valid as a matter of law, while… [read post]
13 Aug 2019, 4:15 am
A verbal description of the sign must clarify the subject matter and scope of the protection and cannot be inconsistent with the graphic representation or give rise to doubt. [read post]
22 Oct 2018, 1:43 am
Sara Parrello and Fabio AngeliniIt is quite uncommon to have an administrative law Court ruling on IP matters, but sometimes it happens. [read post]
7 May 2019, 3:56 am
Clearly the Polish Constitutional Tribunal took IP matters on the radar. [read post]
8 May 2019, 12:21 am
With respect to passing off, the plaintiff must establish: (a) reputation of the goods; (b) possibility of deception of the consumer; and (c) likelihood of loss. [read post]
10 Jan 2019, 10:50 pm
Norway: Ridicule as a response to claims of trade mark infringement A trade mark infringement matter which has been making the headlines in Norway the last week concerns the small Norwegian beverage producer O. [read post]
13 Jul 2018, 7:38 am
in Spain or on EU level – although not always successfully: in March 2017, the CJEU (C‑655/15 P) ultimately confirmed the rejection of the attempt to invalidate the following figurative EU mark based on DONUT: More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € … [read post]
25 Apr 2019, 6:15 am
In this matter the applicant had also submitted a large amount of proof that the mark had acquired distinctiveness through use which the BOA however did not find convincing. [read post]
1 Jul 2019, 1:22 am
Referring to the CJEU case law (C-254/09 Calvin Klein Trademark or joint cases: C-581/13 and C-582/13 Ballon d’or), the link between disputable signs at stake must be sufficient in consumers’ minds. [read post]
