Region: European Union

General Court considers locus standi to bring appeal in opposition proceedings

In this dispute between rival watchmakers Pierre Lannier and Pierre Lang, the General Court ruled that Pierre Lang had proved its status as proprietor of the earlier mark.

30 January 2023

WELL AND WELL v WELLBE: assessment of the likelihood of confusion based on the relevant public’s understanding of the marks

The word element ‘well’, as regards the part of the relevant public which understands its meaning in English, has a low degree of distinctiveness for goods/services which are connected to a person’s physical wellbeing.

26 January 2023

McDonald’s finally proves BIG MAC use, but what can brands learn from this long-running saga?

McDonald’s has won its second attempt to prove BIG MAC use before the EUIPO, but other brands should learn from its mistakes.

25 January 2023

Louboutin hot on Amazon’s heels: does CJEU ruling on direct liability really make online platforms shake in their shoes?

Arguably, the ruling does not represent a big shift in the court’s approach to the liability of intermediaries, but rather finetunes existing case law.

24 January 2023

Philip Morris successfully opposes figurative mark containing abstract MARLBORO mark

By choosing a similar polygonal shape, the trademark applicant clearly attempted to align itself with Philip Morris, without due cause.

23 January 2023

General Court confirms global approach to likelihood of confusion assessment

The decision confirms that the existence of some degree of similarity between both the goods/services and the marks is not, in itself, sufficient for a likelihood of confusion to be established.

20 January 2023

The scope of protection of the reputed PUMA trademark has its limits

Sportswear giant Puma SE suffered a major blow in its decade-long dispute with machine tools company DN Solutions.

18 January 2023

CJEU clarifies concept of ‘earlier right’ under Article 6(2) of Directive 2008/95

The CJEU issued a preliminary ruling on the interpretation of Article 6(2) of Directive 2008/95 (now Article 14(3) of Directive 2015/2436), which concerns the limitation of the effects of a registered trademark.

17 January 2023

General Court considers how to establish independent sub-category of goods

The General Court reviewed the criteria to apply for the purpose of identifying a coherent sub-category of goods/services capable of being viewed independently.

16 January 2023

With the EUIPO leadership race to begin in earnest, user needs must be the focus

As rumours abound about possible candidates for the EUIPO leadership role, user needs have to remain front and centre when Christian Archambeau’s successor is chosen, argues our Saturday opinion.

14 January 2023

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