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06 November 2018

Well-known healer’s name and alias protected to the benefit of his heirs

The Board of Appeal of Estonia has upheld oppositions filed by the heirs of well-known healer and writer Aleksander Heintalu (also known as Vigala Sass) against the registration of ALEKSANDER HEINTALU and VIGALA SASS.

06 November 2018

Who is allowed to promote a MINI coffee machine and MINI XL coffee mugs?

Car manufacturer BMW has successfully challenged coffee retailer Tchibo’s use of ‘MINI’ for coffee machines and coffee mugs before the Frankfurt District Court.

30 October 2018

<em>GOLDEN BALLS v BALLON D’OR</em>: the golden rules of the assessment of reputation

In the long-running dispute over the marks GOLDEN BALLS and BALLON D’OR, the EU General Court has clarified the parameters for the assessment of reputation in the context of the appreciation of the risk of confusion.

29 October 2018

General Court puts brakes on Fiat Chrysler Automobiles’ VIPER trademark registration

The EU General Court has dismissed an appeal by Fiat Chrysler Automobiles against the partial invalidation of its EU trademark VIPER for automobiles and vehicles.

29 October 2018

Enforcement in Italy: legal peculiarities and effectiveness of IP protection

There are advantages to protecting IP rights in Italy, including the possibility of starting legal action before registration has been granted in one of the 22 specialised courts across the country.

26 October 2018

Diesel fumes: latest instalment in long-running proceedings between Diesel SpA and Montex Holdings Limited

In the most recent judgment in the long-running dispute between Italian fashion label Diesel and Irish clothing company Montex, the Court of Appeal has confirmed a strict test for admitting new evidence on appeal in trademark cases.

25 October 2018

Hope for Microsoft: opponent which filed new application for unused mark found to have acted in bad faith

In a dispute between Microsoft and a prominent grocery business in Turkey, the Turkish Re-examination and Evaluation Board has found that the grocery business had acted in bad faith by filing a new application for an unused mark.

25 October 2018

General Court clarifies that marks must be identical for Article 8(3) to apply<strong> </strong>

In John Mills Ltd v EUIPO, the EU General Court has ruled that Article 8(3) of Regulation 207/2009, which aims to prevent the misuse of a mark by the trademark proprietor’s agent, applies only if the marks are identical.    

24 October 2018

PINK LADY versus WILD PINK: it ain’t over till the pink lady sings

In Apple and Pear Australia Ltd v EUIPO, the EU General Court has annulled a decision that had previously gone in favour of Pink Lady America in its trademark dispute with other fruit organisations in the European Union.

23 October 2018

GI face-off – debating current geographical indication protections

We bring together two organisations with different perspectives on geographical indications to discuss the best route forward for this unique form of protection.

23 October 2018

Red Bull gives you wings, but loses against FLÜGEL

In a blow to energy drinks giant Red Bull, the EU General Court has annulled a EUIPO decision declaring that the mark FLÜGEL was invalid for “alcoholic beverages” due to a likelihood of confusion with Red Bull’s earlier VERLEIHT FLÜGEL marks for “energy drinks”.

18 October 2018

CJEU considers legal standing of bodies for collective representation of trademark owners

The Court of Justice of the European Union has considered whether an organisation for the collective representation of trademark owners could bring proceedings in its own name to seek remedies to protect its members’ interests.

16 October 2018

General Court: mere fact that goods are different makes it possible to rule out any likelihood of confusion

In Grendene SA v EUIPO, the General Court has confirmed that there was no likelihood of confusion between the mark HIPANEMA for jewellery and earlier IPANEMA marks for footwear.

10 October 2018

Court of Appeals recognises evidential value of agreement restricting parties’ rights to trademark

The General Assembly of the Turkish Civil Court of Appeals has held that an agreement restricting the use of a mark can later be relied on to prevent the registration of that mark. 

09 October 2018

Success for Puma: General Court orders Board of Appeal to re-assess degree of reputation of PUMA marks

In Puma SE v EUIPO, the EU General Court has provided useful guidance on the scope of protection of marks with an exceptionally high reputation.