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European Union

What the UK government’s Brexit deal defeat means for trademark owners

The UK government suffered a catastrophic defeat on Tuesday night after the House of Commons firmly rejected its Brexit deal. We take a look at what the result means for trademark owners, including a claim that rights holders are “back at square one".

What the UK government’s Brexit deal defeat means for trademark owners
2 Jan 2019

Brexit in focus: end-of-year review from the UKIPO

While Brexit has been the primary focus of many practitioners in the United Kingdom, the UK Intellectual Property Office witnessed various other changes and developments in 2018.

21 Dec 2018

Cybersecurity insurance: an opportunity for online brand protection?

Cyberinsurance has become an indispensable tool in the management of internet-based risks and a key asset when it comes to online brand protection strategies.

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9 Jan 2019

Is Brexit spurring a ‘.eu’ domain exit?

The latest Progress Report released by EURid has revealed a drop in the overall number of registrations under ‘.eu’. Is the uncertainty surrounding Brexit a factor in the decrease in the number of domain name registrations and renewals? Read more

8 Jan 2019

Spinning around: General Court annuls EUIPO decision revoking SPINNING mark

The EU General Court has annulled a EUIPO decision revoking the mark SPINNING for “exercise equipment” and “exercise training” services. The decision highlights the importance of showing consumers of goods as being both sophisticated and lay. Read more

7 Jan 2019

Design rights: European union

In the European Union, the appearance of all industrial and handicraft items, product parts, packaging, get-up, graphic symbols and typographic typefaces is protectable as a design. Read more

3 Jan 2019

General Court: Board of Appeal failed to sufficiently examine ownership of goodwill in The Commodores name  

The EU General Court has issued its decision in a dispute between founding members of the band The Commodores over the mark THE COMMODORES. Read more

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Anti-counterfeiting

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29 Nov 2018

European Union and United States announce record-breaking counterfeits crackdown; do domain seizures actually train infringers?

This week, both Europol and ICE reported record-breaking numbers in regard to takedowns of domain names selling counterfeit products. One expert tells us that infringers have found an easy solution to this temporary obstacle. Read more

7 Jun 2018

New EUIPO report charts increasing sophistication and diversification of counterfeiters

The EUIPO has released a new report, compiling research since 2013, to present a comprehensive and updated picture of the scope and impact of IP rights infringement in the European Union. Read more

7 Dec 2017

ECJ’s Coty decision a major win for luxury brands but question marks remain for other sectors

The European Court of Justice handed down its much-anticipated Coty judgment this week, ruling that brand owners may restrict the online sales of their products through third-party platforms. Read more

29 Nov 2017

European Commission unveils plans for IP Market Watch List, a major new tool in the fight against fakes

​​​​​​​The European Commission has presented a series of measures designed to ensure that IP rights are better protected, in a bid to spur innovation and creativity in EU-based companies.  Read more

Brand management

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2 Oct 2018

Attack on the senses: a comparison of non-traditional marks

Practitioners need to be aware of the differences between obtaining protection for smell, taste and texture marks in the European Union and the United States. Read more

1 Oct 2018

Moving and shaking: securing protection for shapes and movement marks

With non-traditional trademark registrations on the rise, a nuanced understanding of the differences between obtaining protection in the European Union and the United States is crucial. Read more

28 Sep 2018

Sounds and colours: EU and US approaches to non-traditional marks

Following a rise in non-traditional trademark registrations, practitioners should be aware of the differences between obtaining protection in the European Union and the United States. Read more

26 Aug 2018

Harmonisation in practice: a dialogue about foreign trademarks

Industry experts from the United States, the European Union and China outline the key considerations for those looking to expand their portfolios internationally. Read more

Enforcement and litigation

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8 Jan 2019

Spinning around: General Court annuls EUIPO decision revoking SPINNING mark

The EU General Court has annulled a EUIPO decision revoking the mark SPINNING for “exercise equipment” and “exercise training” services. The decision highlights the importance of showing consumers of goods as being both sophisticated and lay. Read more

7 Jan 2019

Design rights: European union

In the European Union, the appearance of all industrial and handicraft items, product parts, packaging, get-up, graphic symbols and typographic typefaces is protectable as a design. Read more

14 Dec 2018

General Court annuls two EUIPO decisions in Louis Vuitton cases

In Louis Vuitton Malletier v EUIPO, the General Court has annulled the EUIPO Fourth Board of Appeal’s decisions in two cases on the grounds that they violated Articles 8(5) and 75 of the EU Trademark Regulation. Read more

20 Nov 2018

Blow for Bayer as it fails to prevent registration of SALOSPIR

In a blow to German pharmaceutical giant Bayer, the EU General Court has confirmed that the figurative mark SALOSPIR in Class 5 was not similar to Bayer's earlier ASPIRIN marks. Read more

Goverment/policy

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24 Oct 2018

The state of statistics – academic claims “more can be done” with trademark data

A new academic paper has found that researchers and policymakers should make more use of trademark portfolio data – even using such information instead of patent data in some instances.  Read more

12 Sep 2018

The future of trademarks

Global brand owners face increasing challenges in protecting, managing and enforcing their IP rights. These include challenges arising from new technologies, new business models and new markets. Read more

7 Sep 2018

CJEU offers valuable guidance for respondents to tenders involving trademarks

The Court of Justice of the European Union has delivered a ruling on what stage of the procurement process bidders must demonstrate compliance with the technical specifications of a tender. Read more

3 Sep 2018

“Negative for business and consumers” – GI association slams Brexit negotiations and possible no-deal scenario

oriGIn has released a strongly-worded statement calling for Brexit negotiators on both sides to preserve GIs as part of the UK’s withdrawal from the European Union. Read more

Law firms

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24 Aug 2018

A-Z of EU trademark court practice and performance: Netherlands to Slovenia

In the fourth of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the past two years. Read more

7 Aug 2018

Audi launches anti-counterfeiting campaign, YouTube brand safety fiasco and TMview expands: news round-up

In our latest round-up, we look at the expansion of the EUIPO’s TMview search platform, Scotch Whisky attaining GI protection in South Africa, Chinese trademarks continuing rapid growth rate, and much more. Read more

27 Feb 2018

No Brexit talk between IP offices, Scooby Doo infringement and Syria establishes trademark court: news round-up

In the latest round-up, we look the latest IP case data from Saudi Arabia, the establishment of a trademark court in Syria, and warnings over counterfeit security certificates. Read more

23 Feb 2018

Brexit update, plain packaging begins in Ireland, and first trademark ruling in Barbados: news round-up

In this round-up edition, we look at the latest Brexit developments from a trademark perspective, Hershey’s hawkish eye over the marijuana industry, and the result from the first ever trademark dispute in Barbados. Read more

IP offices

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2 Oct 2018

“The EUIPO should lead on enforcement” – trademark community reacts to Archambeau appointment

National IP offices within the European Union, key trademark associations and leading filing law firms in the EU react to the appointment of Christian Archambeau as the new executive director of the EUIPO. Read more

1 Oct 2018

Christian Archambeau officially appointed executive director of EU Intellectual Property Office

The EUIPO has confirmed that Christian Archambeau will take the reins permanently as executive director. His appointment comes at a time of turbulence at the EUIPO, with question marks still hanging over what Brexit could mean for EU trademark holders. Read more

25 Sep 2018

UK confirms post-Brexit trademark plans; ambiguities and uncertainties remain

UK government releases a swathe of technical notices that set out likely scenarios in the event of a ‘no-deal Brexit’. When it comes to trademark and design rights, significant questions remain. Read more

30 Aug 2018

New leadership, new challenges? Industry insights on EUIPO operations

With the EUIPO looking towards a future under new leadership, we asked practitioners for their take on the office’s current operations and activities, and the challenges that the new management will face. Read more

Online

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20 Jul 2018

“E-commerce platforms make huge efforts to protect brands’ rights”: exclusive interview with Groupon’s Pablo Rodriguez

Pablo Amat Rodriguez talks to us about his IP work at e-commerce brand Groupon. He reveals how he meets the distinctive IP challenges the trademark department faces, working with law firms, and much more. Read more

9 Jul 2018

Data authorities respond to ICANN call for help; WHOIS future left up in the air

The European Data Protection Board has responded to ICANN’s call for guidance to enable the development a GDPR-compliant WHOIS model. The document raises the prospect that a more conservative approach to WHOIS data publication will result. Read more

20 Feb 2018

“Cybercriminals could be the biggest fans of GDPR”: new warning over WHOIS policy

An industry expert warns that cybercriminals “anywhere in the world” could become fans of the European Union's GDPR legislation. For that reason, he urges stakeholders to be aware of the substance of the law's protections. Read more

28 Nov 2017

Fighting fakes over the festive period: anti-counterfeiting activity steps up as shopping season begins

With Black Friday and Cyber Monday having kick-started the online shopping season, government agencies and associated organisations have stepped up their anti-counterfeiting messaging and enforcement efforts.  Read more

Portfolio management

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30 Nov 2018

General Court does not bottle it in 3D trademarks ruling

In Wajos GmbH v EUIPO, the EU General Court has confirmed that a 3D trademark can consist of the shape of goods or their packaging. Read more

29 Nov 2018

General Court: imperfect recollection of earlier mark imputes likelihood of confusion, even for specialised and highly attentive public

In Asahi Intec Co Ltd v EUIPO, the EU General Court has held that, although the specialist public would pay a high level of attention to the marks, the doctrine of imperfect recollection meant that a risk of a likelihood of confusion could not be ruled out. Read more

27 Nov 2018

Community design applications priority claim assessments: new, relaxed, examination regime

In a bid to ease the administrative burden on Community design applicants, the EUIPO has reduced the extent of examination that it will undertake on any application containing a priority claim to an earlier registered design application. Read more

26 Nov 2018

General Court: Pirelli’s figurative mark is registrable

The EU General Court has annulled a decision of the Fifth Board of Appeal of the EUIPO in which the latter had invalidated in part a figurative mark representing an L-shaped groove owned by Pirelli Tyre SpA. Read more

Trademark law

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15 Nov 2018

“No clarity on continued rights of representation”: trademark experts have their say on the draft Brexit withdrawal text

While uncertainty over the future of the agreed Brexit withdrawal text remains, the 585-page document provides crucial insight into the planned treatment of intellectual property – including rights of representation, exhaustion and the cost-free cloning of rights. Read more

13 Nov 2018

Good news on costs but Brexit hearing suggests slow progress on issue of EUIPO representation

In an evidence session focused on UK plans for the treatment of intellectual property post-Brexit, the ‘no cost’ transfer of EU trademark rights to the national register was reconfirmed. However, big questions remain over EUIPO representation and the future GIs regime. Read more

23 Oct 2018

GI face-off – debating current geographical indication protections

We bring together two organisations with different perspectives on geographical indications to discuss the best route forward for this unique form of protection. Read more

15 Oct 2018

Genericism: is the trademark education video the new norm?

The recent Velcro video was highly successful in generating discussion about the use of the company’s trademark, providing crucial insight into brand communication strategies. Read more

latest

1

Is Brexit spurring a ‘.eu’ domain exit?

2

Spinning around: General Court annuls EUIPO decision revoking SPINNING mark

3

Design rights: European union

4

General Court: Board of Appeal failed to sufficiently examine ownership of goodwill in The Commodores name  

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Nathalie Dreyfus
Managing Partner
Paris, France
Dreyfus & associés
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