By Trevor Little
June 08 2012
Leading the list of the most-read WTR Premium Updates in May was the Court of Justice of the European Union (ECJ) decision in what is widely referred to as ‘the Chocolate Bunny’ case. However, it was not the only confectionary-related decision in the month’s top 10 list.
In Chocoladefabriken Lindt & Sprüngli AG v OHIM (Case C-98/11 P, May 24 2012), the ECJ put an end to Chocoladefabriken Lindt & Sprüngli AG's hopes of securing EU-wide rights for its chocolate rabbit, in a decision that addressed the issue of distinctiveness. While the same distinctiveness test should apply to all types of trademarks, the ruling illustrated that, when filing for a non-traditional mark, securing a Community-wide right may be difficult because the applicant faces a heavy evidential burden in proving that consumers perceive the mark as distinctive in every member state.
Keeping up the confectionary theme, the top 10 also featured analysis of decisions addressing the alleged infringement, by a book publisher, of trademarks protecting the well-known Norwegian chocolate bar Kvikk Lunsj, and an opposition centred on Ferrero’s KINDER mark.
Elsewhere, decisions addressing online liability, the descriptiveness of compound words and the registrability of numbers as trademarks caught the eye of WTR readers.
Available exclusively to WTR subscribers, the Premium Updates provide daily case law bulletins from across the globe.
The top 10 legal updates in May were:
10. Mark removed from register based on public interest – May 30
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