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24 Mar 2015, 12:44 pm
’This morning AG Wahl proposed that the CJEU answer the questions referred by the Fővárosi Törvényszék as follows:(1) [Answering questions 1 and 2, correctly in this Kat's view] For the purposes of Article 4(3) ... [read post]
27 Jul 2017, 12:44 am
In Coty Prestige the CJEU noted that the exclusive nature of trade mark rights means that any unauthorized use of a trade mark may amount to an infringement [see paras 89-90 of the Opinion].Let’s see if now the CJEU also agrees with the AG. [read post]
12 Oct 2015, 12:01 am
Specifically, AG Wahl stresses that the adoption of the sole connecting factor of the loci damni in Article 4(1) of the Rome II Regulation marks the refutation of the theory of ubiquity, since, pursuant to the latter provision, torts are governed by one law. [read post]
4 Dec 2013, 3:05 am
Wahl argued that the cited mark is commercially weak in light of a number of third-party registrations for marks such as FLUTTERBYE FAIRY, FLUTTER FLICKER, and FLITTER DOODLES, but that argument flew into a wall. [read post]
3 Sep 2015, 3:26 am
The criteria laid down by the case-law concerning the genuine use of the Community trade mark are not relevant, as such, in order to establish the existence of a ‘reputation’ within the meaning of Article 4(3) thereof [thus endorsing and paraphrasing the advice given by AG Wahl]. ... or commercially significant? [read post]
29 Nov 2012, 2:15 am
Meanwhile, the Kats are pondering on the move of Nils Wahl into the AG's hot seat. [read post]
11 Dec 2017, 12:11 am
Furthermore, this has also an impact for trade mark owners of luxury goods. [read post]
31 Aug 2017, 9:53 am
Part 2 | It may be use, but is it trade mark use? [read post]
6 Dec 2017, 2:35 am
The Court has essentially sided with the AG Wahl’s opinion on this case [reported on this blog here].The case saw Coty Germany, a seller of luxury cosmetic goods and its distributor, Parfümerie Akzente, disputing over a contractual clause which prevented the distributor from selling the luxury products on third–party platforms which operate in a discernible manner towards consumers. [read post]
4 Sep 2017, 1:16 pm
Part 2 | It may be use, but is it trade mark use? [read post]
1 Jun 2018, 8:53 am
Wahl, Esq. [read post]
7 Sep 2017, 10:20 am
| Friday FantasiesNever Too Late 160 [week ending Sunday 13 August] Scottish court “vaporized” trade mark invalidity appeal | Battle of the free trade mark databases – Global Brand Database versus TMview | An Improved Improver? [read post]
19 Nov 2013, 12:02 pm
” Wahl v. [read post]
22 Mar 2017, 7:28 am
by Meaghan O’Malley. http://bit.ly/2nE4kcwThe Boston-based hamburger chain Wahlburgers, founded by Hollywood star Mark Wahlberg and his brothers, recently announced plans to open three restaurants in China, with an ambitious goal of opening up to 100 restaurants in China over the next ten years. [read post]
7 Sep 2015, 1:02 pm
CJEU gives guidanceFive-and-a-bit months after the Opinion of Advocate General Wahl was published in Case C-125/14, [here, with Katnote here] in Iron & Smith Kft v Unilever NV, the Court of Justice of the European Union (CJEU) has delivered its decision in this trade mark dispute concerning relevant territorial scope to assess a trade mark's reputation under Article 4(3) of Directive 2008/95.* Criminal Copyright: Should… [read post]
30 Mar 2015, 11:11 am
* Impulse trade mark registration: no sweat, as AG gives his viewJeremy reports on the Opinion of Advocate General Wahl in Case C‑125/14 Iron & Smith Kft v Unilever NV, a request for a preliminary ruling by the CJEU from the Budapest Municipal Court. [read post]
9 Feb 2007, 8:46 am
This source hits the mark. [read post]
2 Nov 2018, 8:10 am
Umgekehrt hatte der Peugeot-Konzern mit seiner chinesischen Übersetzung «Biaozhi» kein Glück, nachdem das Wort für Chinesen anscheinend wie «Biaozhi» klingt, was Prostituierte bedeutet: «[…] Als PSA für seine Marke dann noch ‹besten Service› versprach, war die Marke im chinesischen Markt weitgehend verbrannt. [read post]
18 Aug 2017, 5:56 am
Part 2 | It may be use, but is it trade mark use? [read post]
10 Aug 2017, 3:41 pm
Part 2 | It may be use, but is it trade mark use? [read post]
