Region: European Union

General Court confirms lack of bad faith in long-running GUGLER saga

The application for registration of the contested mark had an underlying commercial logic of expansion and of ensuring adequate protection for the family name Gugler.

10 August 2022

General Court considers use of trademark for hotel services where hotel is located outside the EU

The decision highlights that, where goods or services are provided abroad, advertising alone may be sufficient to amount to genuine use.

08 August 2022

Prosecco recognised in New Zealand; Better Call Saul trademark dispute; EUIPO new API platform – news digest

In our latest round-up, we look at the Delhi High Court restraining a manufacturer for infringing a trademark owned by Cadbury, and much more.

05 August 2022

General Court: Board of Appeal failed to examine links between parties in order to assess bad faith

The Board of Appeal ruled out the existence of bad faith without taking account of the relevant factors specific to the particular case - which, had they been taken into account, might have changed its assessment.

04 August 2022

LA IRLANDESA - a tale of ‘buttery’ bad faith

The General Court confirmed that, at the date of application, the trademark owner “intended to trade unfairly to transfer the advantage derived from the association with Ireland to goods not having that geographical origin”.

03 August 2022

Industry, law enforcement mount effort to block late loophole in EU cybersecurity directive

Multiple stakeholders are seeking to block late-added language in the EU’s new cybersecurity directive, arguing it will fragment and impair their efforts to fight cybercrime.

02 August 2022

General Court assesses bad faith in trademark revival dispute

The court accepted that the applicant had made his own commercial efforts in order to revive the image of a former Czechoslovak trademark and to restore its reputation at his own expense.

01 August 2022

The SPINNING mark is still rolling

This is the second decision of the General Court in these long-running proceedings for the revocation of the mark SPINNING for exercise-related goods and services.

28 July 2022

A catfight before the General Court

The General Court has confirmed that there was a likelihood of confusion between the mark TIGERCAT for goods in Class 7 and Caterpillar Inc’s earlier CAT marks for identical goods.

27 July 2022

General Court: registration of ALOVE mark for jewellery would take unfair advantage of repute of Cartier’s LOVE mark

There was a risk that the image of luxury of Cartier’s earlier mark would be transferred to the mark applied for, which would unduly be “boosted” as a result of its association with the earlier mark.

22 July 2022

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