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09 January 2019

Federal Supreme Court: Producers must prove that Champagne does not determine taste of ‘Champagner Sorbet’

In a dispute over the use of the name ‘Champagner Sorbet’, the German Federal Supreme Court has held that the burden of proving that the ingredient Champagne does not determine the taste of ‘Champagner Sorbet’ rests on the claimant, a French association of Champagne producers.

08 January 2019

Protecting and enforcing design rights: Spain

The legal framework relating to industrial designs in Spain is circumscribed, as far as national legislation is concerned, to Law 20/2003 on the Legal Protection of Industrial Designs (7 July 2003) and the Regulation for the Implementation of Law 20/2003 on the Legal Protection of Industrial Designs, approved by Royal Decree 1937/2004 (7 September 2004).

08 January 2019

Spinning around: General Court annuls EUIPO decision revoking SPINNING mark

The EU General Court has annulled a EUIPO decision revoking the mark SPINNING for “exercise equipment” and “exercise training” services. The decision highlights the importance of showing consumers of goods as being both sophisticated and lay.

08 January 2019

Protecting and enforcing design rights: Turkey

Designs are protected by the new Industrial Property Law (6769), which entered into force on 10 January 2017. According to the new law, both registered and unregistered design protection is available for new and distinctive designs.

08 January 2019

Protecting and enforcing design rights: Poland

The Polish design regime is largely based on registration. The crucial requirements for a design to enjoy protection are novelty and individual character. However, design applications are examined for compliance with formal requirements only.

08 January 2019

Protecting and enforcing design rights: United Kingdom

There is a clear legal distinction between the ‘monopoly right’ in a registered design and the ‘right to prevent copying’ of an unregistered design.

07 January 2019

Cadbury’s colour purple mark can’t be split - clarity and precision are the winners in the Court of Appeal

In a significant blow to Cadbury, the Court of Appeal of England and Wales has rejected the confectionary giant’s argument that its trademark registration for the colour purple was actually a series mark which could be split and partially maintained.

07 January 2019

Protecting and enforcing design rights: Greece

With regard to national industrial designs, Greece has a ‘partially cumulative’ protection system. According to this doctrine, a registered design is eligible for protection under both copyright and design law, provided that the requirements for each type of right apply. 

07 January 2019

Protecting and enforcing design rights: France

Design protection in France may be claimed through a French design application, an international application designating France or the European Union or a direct Community design application filed with the EU Intellectual Property Office (EUIPO). 

07 January 2019

Turkish government introduces restrictions on use of trademarks on tobacco products

The control of tobacco consumption has long been one of the top priorities of the Turkish government. In November 2018 Law No 7151 entered into force, introducing new regulations regarding the packaging of tobacco products.

07 January 2019

Protecting and enforcing design rights: Hungary

The national industrial design protection regime grants legal protection for the appearance of the whole or a part of a product, from the features of, in particular, the lines, contours, colours, shape, texture and materials of the product itself or its ornamentation.

07 January 2019

Protecting and enforcing design rights: Germany

German registered designs are governed by the Design Act, which was recently renamed to reflect the fact that German registered designs are now officially called ‘designs’, rather than the previously used ‘aesthetical models’. This is an interesting inconsistency in German law

21 December 2018

Cybersecurity insurance: an opportunity for online brand protection?

Cyberinsurance has become an indispensable tool in the management of internet-based risks and a key asset when it comes to online brand protection strategies.

14 December 2018

General Court annuls two EUIPO decisions in <em>Louis Vuitton </em>cases

In Louis Vuitton Malletier v EUIPO, the General Court has annulled the EUIPO Fourth Board of Appeal’s decisions in two cases on the grounds that they violated Articles 8(5) and 75 of the EU Trademark Regulation.

05 December 2018

“A significant blow for Cadbury” – UK Court of Appeal decision puts purple trademark at risk

According to experts, the decision at the UK Court of Appeal leaves Cadbury's purple trademark “vulnerable” and could spur competitor Nestlé to consider options in terms of cancelling the registration.