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:

1.  Lindt hopping mad with ECJ decision in chocolate rabbit case – May 31

2. eBay ruling is good news for brand owners - but evidentiary burden is increased – May 23

3. Even least distinctive elements must be taken into account when assessing similarity – May 29

4. General Court sheds light on descriptiveness of compound words – May 18

5. Ferrero's strategy pays off in opposition against 'Kinder' mark – May 24

6. General Court confirms that numbers can be registered as trademarks – May 30

7. Plaintiffs may recover attorneys' fees in addition to statutory damages – May 14

8. Book cover held to infringe trademarks protecting chocolate bar – May 23

9. Case involving liability of online trading platform selected as Top IP Case – May 10

10. Mark removed from register based on public interest – May 30