Region: European Union

Free-riding to free fall: General Court assesses bad faith in trademark dispute

This dispute involving an Ibiza club mark highlights the consequences of applying for registration of a mark in bad faith.

07 November 2022

Blow for Louis Vuitton Malletier in long-running chequerboard pattern case

French luxury fashion house Louis Vuitton Malletier has lost the latest round of this protracted dispute, with the General Court confirming that the mark had not acquired distinctive character through use.

03 November 2022

Legislation and IP policy watch: the current state of play (November 2022)

WTR’s monthly column tracking trademark and related policy developments, including the progress of major bills, from around the world.

01 November 2022

General Court clarifies criteria for finding genuine use of figurative mark representing Chinese characters

The decision sheds light on the criteria to be considered in determining when the use of a mark consisting of characters or letters from non-EU alphabets may alter the distinctive character of the mark as registered.

01 November 2022

SHOPIFY v SHOPPI: General Court considers relevant date for evidence of enhanced distinctiveness in relation to Brexit

In invalidity proceedings, evidence proving the enhanced distinctiveness of a trademark in one country may be considered only if, at the time of the decision by the EUIPO, the trademark rights were enforceable in that country.

28 October 2022

HCAPITAL v H/2 CAPITAL: new judgment from the General Court on likelihood of confusion

The court dismissed the argument that the EUIPO had failed to take into consideration the marks as respective wholes, but had instead removed some parts of the marks and ignored others.

27 October 2022

General Court confirms likelihood of confusion between signs due to common element ‘core’

The court agreed that the earlier mark CORE had an average degree of inherent distinctiveness for the non-English-speaking part of the relevant public due to its lack of descriptive meaning for the goods and services at issue.

26 October 2022

CJEU: EU trademark courts keep jurisdiction for counterclaims even if main action has been withdrawn

Unnecessary multiple proceedings entailing a risk of contradictory judgments will be avoided.

24 October 2022

Success for Jägermeister as General Court confirms likelihood of confusion between stag’s head marks

The court agreed that the representations of the stags’ heads clearly dominated the marks on account of their size and eye-catching appearance.

20 October 2022

Register Tracker Europe and North America: May-August 2022

Featured in Prosecution

The United Kingdom saw a disproportionately large number of trademark filings this May-August 2022, according to data published by Fovea IP. The data also shows a strong preference for local markets among North American and European applicants - among other insights.

19 October 2022

Unlock unlimited access to all WTR content