Lithuania

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest

In our latest round-up, we look at Jerry Seinfeld filing a lawsuit over a ‘counterfeit’ Porsche, a draft policy in India that could empower platforms to blacklist counterfeit sellers, and much more.

Brazil calls for ‘.amazon’ delay, Swatch and Samsung face-off, and Lithuanian open IP data: news digest
A-Z guide of EU trademark court practice and performance: Ireland to Lithuania
24 Aug 2018

A-Z guide of EU trademark court practice and performance: Ireland to Lithuania

In the third 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 last two years.

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26 Feb 2020

Jack Daniel’s successfully opposes registration of BLACK JACK FOR ALL

Jack Daniel’s Properties Inc, the producer of Jack Daniel’s whisky, has prevailed in opposition proceedings against the international figurative trademark BLACK JACK FOR ALL in Class 33. Read more

10 Dec 2019

Are KITCHEN HEROES K and HERO similar? Lithuanian IP office and EUIPO come to different conclusions

Hero AG’s opposition against the mark KITCHEN HEROES K based on its earlier mark HERO has had different outcomes in Lithuania and at the European Union Intellectual Property Office. Read more

7 Oct 2019

Lithuanian courts examine legal relationship between trademarks and corporate names

In civil proceedings brought by the owner of the mark VILKO TAKAS against UAB KF/SIK Vilko takas, the Lithuanian courts have considered the legal relationship between trademarks and corporate names, as well as the legal protection for domain names. Read more

13 Sep 2019

Figurative mark RIMI GOODLIFE found to be similar to word mark GOODLIFE

The Appeals Division of the Lithuanian State Patent Bureau has upheld an opposition filed by Goodlife Foods Limited against the registration of the figurative mark RIMI GOODLIFE by ICA AB. Read more

Anti-Counterfeiting

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4 Feb 2004

Paris Convention does not prohibit seizure of goods in transit

In <i>HD Lee Company Inc v UAB Mita</i>, the Supreme Court of Lithuania
has ruled that the provisions of Article 9 of the Paris Convention, which deal
with the seizure of goods in transit, are optional in nature and do not prohibit
customs authorities from seizing goods in transit. The court also confirmed
that parties that are simply transporting counterfeit goods can still be found
guilty of infringing trademark rights.

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Brand management

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15 Mar 2013

Amendments to trademark law to come into force

After ratifying the Singapore Treaty late last year, Lithuania’s parliament has adopted amendments to Lithuania’s Law on Trademarks, which will enter into force on June 1 2013. The amendments will introduce important changes concerning licences, assignments and acquiescence, among other things.

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Enforcement and Litigation

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8 Mar 2019

Victory for Tambrands Inc as third party’s attempt to register TAMPAX mark fails

The Appeal Division of the Lithuanian State Patent Bureau has upheld an opposition filed by Tambrands Inc, the owner of the TAMPAX mark, against the registration of the mark TAMPAX by a natural person. Read more

15 Nov 2018

Leading hotel management company prevails in opposition proceedings against CAFE FOUR SEASONS

Four Seasons Hotels (Barbados) Ltd has been successful in opposition proceedings against the Lithuanian figurative trademark CAFE FOUR SEASONS for food and drink services in Class 43. Read more

28 Jan 2016

Appeals Division upholds validity of MYRTOLIN mark

G Pohl-Boskamp recently sought the invalidation of SIA Ingen Pharma’s MYRTOLIN mark, based on its own GELOMYRTOL mark. However, the Appeals Division of the Lithuanian State Patent Bureau found that the marks were dissimilar and there was thus no likelihood of confusion.

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8 Jul 2015

ITALIANA ROSSO and ITALIANA BIANCO found to be dissimilar to Bacardi's MARTINI marks

The Appeal Division of the Vilnius District Court has dismissed a claim filed by Bacardi & Company Limited requesting that the court invalidate the figurative trademarks ITALIANA ROSSO and ITALIANA BIANCO for goods in Class 33 and prohibit the use of various ITALIANA marks on vermouth sold in bottles of a particular shape. Among other things, the court found that there was no likelihood of confusion between the parties’ signs.

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Online

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29 Sep 2009

Unregistered mark and domain name held to infringe trade name

The Supreme Court has held that use of the unregistered trademark BALDU CENTRAS and the domain name 'balducentras.lt' by JSC Neiseris infringed the rights in the earlier registered trade name Baldu Centras (meaning 'furniture centre') because both the mark and the domain name were used as a means of commercial identification.

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Portfolio Management

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12 Jun 2018

Vilnius District Court: no likelihood of confusion between SATI-formative marks

A Lithuanian court has dismissed an action for the invalidation of the mark SATIMED for goods and services in Classes 3, 5 and 42, and the mark SATIVERA for goods in Class 3, based on the earlier marks SATIVEX.

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16 Mar 2018

Monster Energy defeated in court: MINISTER held to be dissimilar to MONSTER marks

A Lithuanian court has dismissed Monster Energy Company’s request for the invalidation of the word mark MINISTER for goods in Class 32, finding that there was no likelihood of confusion with its MONSTER marks.

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1 Oct 2015

MARSEL marks found not to be geographically deceptive

The Appeals Division of the Lithuanian State Patent Bureau has dismissed oppositions against the trademarks MARSEL and MARSEL ORIGINAL for goods in Class 33 on the grounds that the interested person had not established that its rights or interests were being infringed. The Appeals Division also dismissed the argument that the marks might mislead the public as to the geographical origin of the goods (in Lithuanian, Marselis designates the French city of Marseille).

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9 Apr 2015

Atlantic successful in opposition against ATLANT marks

Atlantic, a French company which owns the marks ATLANTIC and ATLANTIC GROUP for goods in Classes 9 and 11 and services in Class 37, has prevailed in opposition proceedings against the international figurative marks ATLANT for Class 11 goods and Class 37 services. Among other things, the Appeals Division of the State Patent Bureau stated that there was a close link between the opposed services in Class 37 and the goods in Class 11 covered by Atlantic’s marks.

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Trademark law

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4 Dec 2014

Apple prevents registration of figurative PLUSH APPLE mark for Class 28 goods

The Appeal Division of the State Patent Bureau has upheld Apple Inc’s opposition against the registration of the figurative mark PLUSH APPLE for goods in Class 28, finding that there was a likelihood of confusion with Apple’s apple logo mark. Among other things, the Appeal Division found that the overall perception of both marks was based on the graphic element representing an apple, which was accentuated by the word ‘apple’ in the opposed trademark.

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1 May 2014

Sky International fails to prevent registration of figurative mark containing 'sky'

The Appeal Division of the State Patent Bureau has dismissed Sky International AG’s opposition against the registration of the figurative mark SKYTER for goods in Class 9 and services in Classes 35 and 38 on the ground that there was no likelihood of confusion with the opponent’s SKY marks. Among other things, the Appeal Division relied on EU case law concerning the comparison of complex trademarks with word marks.

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3 Feb 2014

Marks consisting of geographic place name held to be distinctive for cheese

The Appeal Division of the State Patent Bureau has held that the trademarks RAMBYNAS and RAMBYNO for “milk and milk products” in Class 29 were valid. Among other things, the Appeal Division dismissed the opponent’s argument that the word ‘<i>Rambynas</i>’ designated the geographic origin of the goods (Rambynas being the name of a hill in a national park) and that, therefore, the marks were misleading with regard to goods not originating from that place.

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24 Oct 2013

McDonald's successful in opposition proceedings against MACCOFFEE mark

McDonald’s International Property Company Ltd has prevailed in opposition proceedings against the registration of the figurative trademark MACCOFFEE 3 IN 1 for “instant coffee mix” in Class 30. The Appeal Division of the State Patent Bureau found that there was a likelihood of confusion between MACCOFFEE 3 IN 1 and McDonald’s MCCAFE marks.

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