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Legal updates

28 Nov 2014

GOLDEN BALLS headed back to OHIM

European Union - In Intra-Presse SAS v OHIM, the ECJ has sent the case back to OHIM for a reconsideration of whether GOLDEN BALLS is sufficiently similar to BALLON D’OR for the relevant public to establish a link between the marks. Among other things, the ECJ reconfirmed the different degrees of similarity required under Article 8(1)(b) and Article 8(5) of the Community Trademark Regulation (207/2009). Read update

28 Nov 2014

Court rules against GSK in purple inhaler case

Denmark - A court has denied a request by GSK, which owns a CTM consisting of the colour purple applied to an inhaler, for an injunction preventing Sandoz from marketing a purple inhaler. Among other things, the court reasoned that, while at first glance the purple colours of the two inhalers were quite similar, the products differed significantly in their form and overall impression. Read update

28 Nov 2014

Trademarks may become well known quickly thanks to Internet

Turkey - In opposition proceedings brought by a Danish mobile game developer, the TPI has found that the mark SUBWAY SURFERS was well known, even though it was only two-years-old. Following this decision, it seems that the TPI will take into account the impact of today’s technologies when assessing the well-known status of a trademark. Read update

27 Nov 2014

Volvo fails to prevent registration of LOVOL for cars

European Union - In Volvo Trademark Holding AB v OHIM, the General Court has upheld two decisions of the First Board of Appeal of OHIM finding that the marks LOVOL and VOLVO were dissimilar and that, therefore, Article 8(5) of Regulation 207/2009 did not apply. Among other things, the court concluded that the mere fact that the signs contained the letters 'V', 'L' and 'O' and the letter combination 'vol' was not sufficient to cause the relevant public to make a connection between them. Read update

27 Nov 2014

Supreme Court's Rodríguez v Google decision represents victory for search engines

Argentina - In Rodríguez v Google Inc, the Supreme Court has ruled that search engines may be held liable for third-party content only if they fail to remove such content after having been requested to do so. Although the main issue in this case was the alleged infringement of the plaintiff’s rights to honour and image, the decision is a clear guide on how trademark owners should proceed when facing infringements online. Read update

27 Nov 2014

Supreme Administrative Court considers whether advertising material may demonstrate use

Poland - In proceedings for the cancellation of a figurative trademark due to non-use, the Supreme Administrative Court has upheld a decision of the District Administrative Court in which the latter had found that the evidence provided by the trademark holder in the form of advertising material could not be regarded as evidence of genuine use of the mark. Read update


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