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24 April 2019

General Court: common figurative elements will make an impression on consumers, despite their weak distinctive character

In Užstato sistemos administratorius VŠĮ v EUIPO, the EU General Court has confirmed that there was a likelihood of confusion between two purely figurative marks for recycling-related services.

23 April 2019

Last one to use is a rotten egg! Court of Appeal issues its decision in <em>Galway Free Range Eggs Limited v O’Brien</em>

A recent case which went all the way to the Irish Court of Appeal illustrates the difficulties faced by new market entrants when trying to come up with a safe name to avoid potential action from existing market leaders.

23 April 2019

Court of appeal confirms cross-sectoral protection of BMW’s famous automotive mark in luxury real estate sector

Following a long-running legal battle between German car manufacturer BMW and a Berlin-based real estate company over the latter’s use of the logo HGHI BMW, BMW has been successful on appeal before the Higher Regional Court of Hamburg.

23 April 2019

Turkey trademark uplift, INPI announces Africa IP adviser, and China counterfeit crackdown: news digest

In our latest edition, we look at INTA and the National Trade Foundation for Education partnering up to spread the anti-counterfeiting message, a study highlights how brands need to showcase their authenticity, and much more.

18 April 2019

Notre Dame misinformation highlights brand protection challenge for media organisations

There have been numerous reports of fake media accounts spreading conspiracy theories around the Notre Dame Cathedral fire. Such activity around major events is a reminder of the significant challenge that IP practitioners face. 

18 April 2019

The right to be heard and the right to be told that one has made a mistake

The decision of the EU General Court in Prim SA v EUIPO is likely to influence how the errors and/or omissions of opposing parties will be handled, knowing that keeping quiet about such issues in EUIPO proceedings may ultimately backfire.

16 April 2019

BMW takes the fast lane to victory

In Bayerische Motoren Werke AG v BMW Telecommunications Ltd, the existence of an infringing company name on the UK companies register was sufficient for BMW to be granted summary judgment in its claims for passing off and trademark infringement.

15 April 2019

“You need to be willing to stay the course”: brand management insights from Coty Inc’s Joseph Conklin

In an exclusive interview with WTR, Joseph Conklin, senior vice president and global deputy general counsel for beauty company Coty Inc, has revealed how he approaches brand rights enforcement and ensures cross-company collaboration.

15 April 2019

General Court sheds light on assessment of similarity of goods

In IQ Group Holdings Bhd v EUIPO, the EU General Court has provided valuable guidance on the assessment of the similarity of goods and services, especially with regard to distribution channels and the sale of products online.

12 April 2019

General Court: Board of Appeal wrongly assessed dominant element of composite sign

In Julius-K9 Zrt v EUIPO, the EU General Court has clarified how to assess the dominant and distinctive character of the elements that make up a composite trademark in the context of an opposition based on Article 8(1)(b) of Regulation 2017/1001.  

12 April 2019

Italy implements EU Trademarks Directive and further strengthens trademark protection

Legislative Decree 15/2019, which implements the EU Trademarks Directive (2015/2436), entered into force on 23 March 2019. This update reviews the main novelties that mark owners and practitioners should be aware of.

11 April 2019

Success for BMW as German court bans rim manufacturer from imitating famous automotive trademarks

Car manufacturer BMW has successfully prevented Finland-based rim manufacturer Oy from using signs similar to its famous automotive trademarks for car parts.

11 April 2019

Case highlights difficulty in establishing use-based rights in Denmark under new Trademark Act

Denmark’s amended Trademark Act came into force at the start of 2019, maintaining the possibility of establishing a trademark right through use - in particular, parties must be able to prove that such use is of more than local significance. This is something that caused difficulties in a recent case involving two similar restaurant marks.

09 April 2019

IPONZ fee changes, Estonia new online trademark system, and Game of Thrones at INTA Annual Meeting: news digest

In our latest round-up, we look at Stella McCartney prevailing in a trademark dispute, Lego being named the United Kingdom’s favourite brand, the Mexican Industrial Property Office announcing a new electronic notification service, and much more.

08 April 2019

Constitutional Court weighs trademark rights against freedom of expression

Following an application by an individual, the Turkish Constitutional Court has considered whether the freedom of expression is violated by an order blocking the access to a website for an indefinite period of time.