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16 September 2019

MONOPOLY case: a new light on bad faith?

The decision of the Board of Appeal of the EUIPO in invalidity proceedings involving Hasbro Inc’s mark MONOPOLY marked a new approach in the application of the concept of ‘bad faith’ under Article 59(1)(b) of the Trademark Regulation.

13 September 2019

Defensive trademark registrations: the adidas and Mastercard cases

In two recent cases, defensive EU trademarks belonging to adidas and Mastercard have been cancelled on the grounds of non-use.

10 September 2019

CJEU: single clinical trial not sufficient for genuine use

In Viridis Pharmaceutical Ltd v EUIPO, the Court of Justice of the European Union has confirmed that there was no genuine use of Viridis’ trademark BOSWELAN on a pharmaceutical product nor proper reasons for non-use.

06 September 2019

KFC dragged into UK politics, identifying a trademark bully, and EUIPO on long applications: news digest

In our latest round-up, we look at the CEO of WeWork returning a “trademark payment” to the company, Ariana Grande suing Forever 21, debate over dropping word marks, and much more.

06 September 2019

“Rational and forward-thinking” – CJEU rules cases of online trademark infringement can be held in consumer’s jurisdiction

Reaction to the Court of Justice of the European Union ruling in favour of plaintiffs suing online infringers in the member state they acquired the product. 

23 August 2019

World’s largest trademark application, IPOS launches app, and Notorious Markets List comments open: news digest

In our latest round-up, we look at the art of avoiding brand hate, Hasbro acquiring Peppa Pig owner, the INTA holding its first roundtable event in Israel, and much more.

15 August 2019

General Court: genuine use may be established if mark as used differs from mark as registered only in insignificant respects

The decision of the EU General Court in mobile.de v EUIPO highlights that a mark owner may, in the commercial exploitation of the sign, make variations which, without altering its distinctive character, enable it to be better adapted to the requirements of the goods or services concerned.

13 August 2019

Blow for Red Bull as CJEU confirms invalidity of blue and silver colour marks

In Red Bull Gmbh v EUIPO, the Court of Justice of the European Union has dismissed an appeal against a General Court decision upholding a finding of invalidity in respect of Red Bull’s blue and silver colour marks.

09 August 2019

Five counterfeit hotspots that you must be aware of in Cyprus

In the latest edition of our new series into fake goods around the world, we head to the beautiful Mediterranean island of Cyprus and focus on the counterfeit hotspots that rights holders should have on their enforcement radars.

08 August 2019

General Court confirms lack of likelihood of confusion between MANDO and earlier MAN marks

The EU General Court has partially upheld a decision of the First Board of Appeal of the EUIPO finding that there was no likelihood of confusion between the word mark MANDO and earlier international registrations for the figurative mark MAN.

07 August 2019

Return of the Supermac’s: Irish chain delivers another blow to McDonald’s 

The EUIPO has partially invalidated McDonald’s EU trademarks for the ‘Mc’ prefix. As with the recent BIG MAC decision, McDonald’s was deemed to have submitted insufficient evidence to claim use for the disputed marks.

01 August 2019

Practical implications of the new EU Copyright Directive

The new EU Copyright in the Digital Single Market Directive has significant potential for content creators and publishers – but the nuances of the new rules must be properly understood.

31 July 2019

Plucked wings: breaking down the CJEU’s invalidation of two Red Bull colour trademarks 

A protracted case came to a close this week when Red Bull’s appeal to the Court of Justice of the European Union was dismissed. One of the intervenor’s representatives told WTR that the decision should not have any direct impact on existing colour marks.

31 July 2019

General Court confirms likelihood of confusion between H’UGO’S and HUGO’S BURGER BAR

The EU General Court has confirmed that there was a likelihood of confusion between the figurative mark HUGO’S BURGER BAR in Classes 29 and 30 and the earlier word mark H’UGO’S in Classes 29, 30 and 43.

29 July 2019

The top filers and a vision for the future: inside EUIPO operations

Less than a year into Christian Archambeau’s tenure as executive director, the EUIPO is laying the groundwork for future expansion. World Trademark Review’s annual focus on the office assesses current operations, reveals the most proactive filers and explores how the agency is taking a global view of trademarks.