In a promising development, the Court of Appeal of The Hague has set up a confidentiality club to allow the alleged infringer to submit confidential information in trademark proceedings.
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.
Senior IP counsel Joeri Mombers provides a detailed insider’s view of lighting giant Signify's "once in a lifetime" trademark project.
The Benelux Convention does not provide for protection of unregistered trademarks, the only exception being the protection of well-known marks as prescribed by the Paris Convention.
In the fourth of our five-part series, trademark counsel from law firms across Europe provide an overview of the performance of their countries’ EU trademark courts over the past two years.
The Court of Appeals of The Hague has ruled in favour of Russian state enterprise FKP in the long-running dispute between FKP and Spirits International BV over the ownership of several vodka marks.
The District Court of The Hague has ruled in favour of adidas in the main proceedings of its saga against H&M regarding the companies' respective stripe marks.
The court of first instance has refused to grant an injunction against the sign SINA, finding no risk of confusion or association with the word mark SITA. Both marks were registered for rice sold in Middle-Eastern supermarkets or restaurants. The court held that the relevant public would be able to distinguish that ‘Sina’ is the name of a well-known Islamic scholar and philosopher, whereas ‘Sita’ is a girl’s name.
Many brand protection strategies still focus on bulk seizures, customs training and border protection. However, success depends on protecting your company against online counterfeiting and piracy in a way that fits the realities of the digital age.
The European Commission’s latest annual report into EU customs enforcement has found that the level of suspected counterfeit articles detained by authorities rose by 15% year-on-year, with the number of applications for action up by a startling 59% across the same time period. While the estimated value of the detailed articles totals nearly €650 million, one expert claims the report could be massively underestimating the scope of the problem.
Preliminary injunctions can be a valuable tool for rights holders, but they are not always straightforward to obtain. Lawyers from Hogan Lovells provide a comparative global overview of strategies for obtaining them in different jurisdictions
The Internet is all about opportunities, freedom and boundless communication. People and companies all over the planet are connected as never before. To put it simply, the Internet means new perspectives. Unfortunately, it is equally about risk.
Following the decision of the ECJ in Frisdranken Industrie Winters BV v Red Bull GmbH, the Dutch Supreme Court has ruled that the mere filling of cans for energy drinks bearing a sign which is similar to a protected trademark does not constitute use of that mark where the cans were supplied by another party which affixed the sign to the cans and on whose instructions the cans were filled.
In the dispute over the name of the television programme The Next Popstar, the District Court of The Hague has cancelled the registrations for the POPSTARS marks on the ground that they were descriptive, and held that POPSTARS was not a generally well-known mark within the meaning of Article 6bis of the Paris Convention. The decision is interesting in that the court held that only very well-known trademarks can obtain protection under Article 6bis.