Topping the list of July’s most-read WTR Premium Updates in July was analysis of an advocate general opinion which, if followed by the court, could impact the assessment of genuine use of Community trademarks (CTMs). In Leno Merken BV v Hagelkruis Beheer BV (C-149/11, July 5 2012), the advocate general advised that use of a CTM within the borders of a single member state is not, of itself, necessarily sufficient to constitute 'genuine use' of that trademark. The assessment considered the potential impact for businesses if such an approach is followed by the Court of Justice of the European Union (ECJ).

In second spot was another ECJ decision, which upheld a decision of the General Court in which the latter had found that the German slogan 'Wir machen das Besondere einfach' lacked distinctiveness. Although the ECJ confirmed the general rules and guidelines set forth in the VORSPRUNG DURCH TECHNIK decision, consideration of the latest decision concluded that the court “had followed a more generous approach in that case. This makes things more difficult for both applicants and their legal advisors”.

Elsewhere, decisions addressing parody as a defence, mark stylisation, genuine use in Europe and honest concurrent use caught the eye of WTR’s subscribers.

Available exclusively to WTR subscribers, the Premium Updates provide daily case law bulletins from across the globe.

The top 10 legal updates for July were:

1. AG opinion, if followed, raises bar as to what constitutes 'genuine use' of CTM – July 17
2. ECJ confirms VORSPRUNG DURCH TECHNIK principles - but finds slogan unregistrable – July 24
3. 'Honest concurrent use' victory for Budvar in latest BUDWEISER battle – July 16
4. Philip Morris' no-name product infringes Imperial Tobacco's MARLBORO mark – July 13
5. Mark owner cannot avoid obligation to use mark by relying on use of similar mark – July 16
6. Minimal stylisation does not alter conclusion that mark is descriptive – July 15
7. Board of Appeal wrongly found that marks were dissimilar overall – July 3
8. Parody not a defence when trademarks are confusingly similar – July 17
9. First Amendment bars infringement and dilution claims based on use in Hangover movie – July 6
10. TTAB reverses refusal to register shape of Hershey’s chocolate bar – July 12