Region: European Union

Stone Brewing celebrates legal win; Europol seizes 5 million fake toys; EUIPO launches chatbot – news digest

In our latest round-up, we look at doubt over Waitrose’s infringement claims against Asda, the CNIPA announcing its 2022 National IP Rights Awareness Week plan, and much more.

29 March 2022

APIRETAL v APIAL: evidence of reputation does not last forever

This case serves as a reminder that the reputation of an earlier trademark must be established as at the filing date of the application for the contested mark.

28 March 2022

CJEU considers which law applies to supplementary claims in RCD infringement action brought before national court

The decision of the CJEU in this dispute between German car manufacturer BMW and an Italian manufacturer of wheel rims arguably strengthens the position of rights holders.

24 March 2022

The SME Fund: how collaboration breeds success for all

EUIPO deputy executive director Andrea Di Carlo presents an update on the SME Fund and a glimpse into the office’s future efforts to support small businesses.

23 March 2022

Egg on their face: EOS' 3D shape trademark application rejected

The case highlights the challenges that businesses may face when trying to register less conventional trademarks, such as 3D shape marks.

22 March 2022

Good news for Huawei as General Court confirms that “computer software” and related goods/services are similar to “computers”

The decision confirms the approach taken by the EUIPO in a number of recent cases, where “software” and other technological apparatus have been found to be similar to “computers”.

21 March 2022

Good news for Molson Coors as court confirms that use within the UK before end of Brexit transition period is use within the EU

In this dispute between rival brewing companies, the General Court found that there is no express provision in the withdrawal agreement that use in the United Kingdom before the end of the transition period is no longer to be regarded as use in the European Union.

18 March 2022

General Court annuls revocation of MOOD MEDIA mark

The court found that the Board of Appeal of the EUIPO had erred in excluding evidence showing use of the mark in slightly modified forms.

17 March 2022

General Court confirms lack of likelihood of confusion between EUROBIC and BANCO BIG

In general, consumers of banking services and related goods select their banking institution carefully. Consumers will thus be much more aware of the differences between the signs at issue.

16 March 2022

Consumer perception of trademarks on fast-moving consumer goods: weight of visual impression overcomes high degree of phonetic similarity

As the goods were ordinary consumer products commonly purchased in supermarkets or establishments where goods are arranged on shelves, consumers would be guided by the visual impact of the mark they were looking for.

15 March 2022

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