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The Brussels Court of Appeal has confirmed a first instance decision of the Commercial Court of Nivelles and has ordered the Irish company Swiftpay International Limited to cease all use of the signs SWIFT, SWIFTPAY and SWIFTPAY.COM, and delete its 'swiftpay.com' domain name. The court held that the signs were likely to lead consumers to link the Irish company with the Benelux-based owner of registered SWIFT marks.
31 October 2006
In <i>Belgacom Skynet v Telefun</i>, the Brussels Commercial Court has ordered the defendant to stop using the domain name 'skyblog.be'. The court held that the domain name and related website infringed the plaintiff's rights in its reputed SKYNET, SKYNET.BE and SKYNETBLOG.BE marks.
27 March 2006
The Brussels Court of Appeal has made a reference to the European Court of Justice for a preliminary ruling in proceedings relating to the use of references to the appellation of origin Champagne to promote beer. Among other things, the court required clarification as to whether certain statements likening the beer to champagne fell within the definition of 'comparative advertising' under harmonized EU law.
02 February 2006
In a long-running dispute over use of the slogan '<i>Les hommes savent pourquoi</i>' (meaning 'Men know why'), the Liège Court of Appeal has ruled that the slogan constitutes a reputed mark for beer and that the use of an identical slogan by another party for underwear would cause the public to establish a link with the beer product, which was likely to be detrimental to the repute of the beer.
21 November 2005
In the ongoing battle between US company Anheuser Busch and Czech brewer Budĕjovický Budvar, the Brussels Commercial Court has shed new light upon the use of the parties' conflicting trademarks in Benelux. The court held that the Czech company can continue to use the marks BUDWEISER and BUDVAR for its beer but could not use the mark BUD.
31 May 2005
In <i>Startpagina BV v Take BVBA</i>, a CEPINA panellist has refused to order the transfer of the domain name 'startpagina.be' to the Dutch company Startpagina - the owner of marks and a domain name that include the word 'startpagina'. The panellist held, among other things, that as the two parties' target internet users differed geographically, bad faith could not be inferred.
26 January 2005
In <i>Schering AG v Aktuapharma</i>, the Brussels Court of Appeal has ruled that the defendant's parallel importation and repackaging of the plaintiff's pharmaceutical product Femodene infringed the plaintiff's trademark rights. The court also laid down the conditions under which further parallel importation of the plaintiff's product could take place.
26 October 2004
The Brussels Court of Appeals has (i) upheld the validity of an orange colour mark owned by Veuve Clicquot Ponsardin, manufacturer of the famous Veuve Clicquot champagne, and (ii) issued an order preventing the use of this colour for beer.
26 July 2004
In <i>Confederatie Brouwerijen Belgie v Meuleman</i>, Belgian Centre for Arbitration and Mediation panellist Karine Ottelohe has refused to order the transfer of the domain name 'belgianbeer.be' to the Union of Belgian Brewers. Ottelohe held that the domain name had not been registered in bad faith.
27 May 2004
The Belgian Constitutional Court has ruled that trademark owners should be allowed to request seizure orders for suspected counterfeit goods, even though the Belgian Judicial Code does not list mark owners among the parties eligible for such relief. The court held that not allowing mark owners to use these proceedings would violate the provisions of the Belgian Constitution on equality and non-discrimination.
18 May 2004
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