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07 August 2018

Audi launches anti-counterfeiting campaign, YouTube brand safety fiasco and TMview expands: news round-up

In our latest round-up, we look at the expansion of the EUIPO’s TMview search platform, Scotch Whisky attaining GI protection in South Africa, Chinese trademarks continuing rapid growth rate, and much more.

30 July 2018

General Court: CAVE DE TAIN does not evoke PDO 'Cava'

In a decision that provides valuable guidance on the concept of 'evocation' of a PDO, the EU General Court has confirmed that the trademark CAVE DE TAIN, which covers wines in Class 33, was not an evocation of the PDO 'Cava'.

27 July 2018

Louboutin: the interplay of colour and shape

Louboutin’s win before the European Court of Justice shines a light on the complexities of colour marks.

25 July 2018

Court gives Nestlé appeal the finger in long-awaited KitKat shape mark decision

​​​​​​​The Court of Justice of the European Union has dismissed appeals brought in the high-profile ‘4 Finger KitKat’ case, ruling that the EUIPO must reconsider whether the three-dimensional shape can be retained as an EU trademark.

23 July 2018

Is the Brexit fog lifting? UKIPO confirms plan for “free” conversion of EU trademarks to UK register

In newly-released comments, the UKIPO has confirmed that the UK will protect all existing EU trademarks and registered Community designs when the country leaves the EU. Crucially, the transfer of 1.5 million rights will be automatic and free-of-charge.

20 July 2018

“E-commerce platforms make huge efforts to protect brands’ rights”: exclusive interview with Groupon’s Pablo Rodriguez

Pablo Amat Rodriguez talks to us about his IP work at e-commerce brand Groupon. He reveals how he meets the distinctive IP challenges the trademark department faces, working with law firms, and much more.

19 July 2018

General Court: consumers usually recognise wine by reference to word element

The EU General Court has confirmed that there was a likelihood of confusion between the word mark ANTONIO RUBINI and the earlier figurative mark RUTINI, which both covered wine.

17 July 2018

CJEU dismisses Jägermeister's appeal in RCD application dispute

The decision of the Court of Justice of the European Union in Jägermeister v EUIPO highlights the strict standard in relation to the representation requirements in applications for registered Community designs.

13 July 2018

CJEU's EUIPO v Puma decision: mark owners may rely on earlier decisions as evidence of earlier mark's reputation

The CJEU has found that previous decisions issued by the EUIPO and at national level may be validly relied on as a means of evidence of the reputation of an earlier mark.

11 July 2018

General Court finds likelihood of confusion between FRANCE.COM and French Republic's earlier FRANCE mark

The EU General Court has confirmed that there was a likelihood of confusion between US company France.com Inc’s FRANCE.COM mark and the French Republic’s earlier FRANCE mark.

09 July 2018

General Court rejects Deutsche Post opposition on grounds of low similarity

The EU General Court has confirmed that there was no likelihood of confusion between the figurative mark INPOST and Deutsche Post’s earlier marks POST, EPOST and INFOPOST.

06 July 2018

General Court declines to give three cheers to Staropilsen

In a case involving competing Czech breweries Staropilsen and Staropramen, the EU General Court has confirmed that the trademark STAROPILSEN is invalid.

05 July 2018

A case of the emperor having very few clothes: descriptive word marks dressed up as logos likely to receive very thin protection

The EU General Court has upheld a decision of the Second Board of Appeal of the EUIPO in relation to seven out of eight identified groups of goods on the basis that the logo mark 3D was descriptive and lacked distinctiveness.

04 July 2018

General Court's POLO decision highlights additional protection that marks derive from being well known

The EU General Court has confirmed that there was a likelihood of confusion between the mark HPC POLO and The Polo/Lauren Company LP’s earlier mark POLO in Classes 18 and 25.

03 July 2018

General Court finds no likelihood of confusion between pharma marks with same suffix; annuls Board of Appeal decision

The EU General Court has annulled a decision of the Board of Appeal of the EUIPO finding that there was a likelihood of confusion between Tillotts' XENASA mark and Ferring’s earlier PENTASA mark in Class 5.