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28 February 2018

Local use and invalidations: when use can defeat a registration

The Court of Appeal has considered when unregistered use can defeat an existing trademark registration, finding that localised unregistered use may be sufficient to invalidate a registered mark.

04 May 2018

3D Kit Kat mark: advocate general delivers further blow to Nestlé

The advocate general has delivered another blow to Nestlé in its long-running attempt to register the shape of its four-fingered Kit Kat bar as a three-dimensional EU mark.

01 May 2018

Last orders! High phonetic similarity between marks for alcohol sufficient to create likelihood of confusion

The EU General Court has confirmed that there was a likelihood of confusion between YAMAS and LLAMA for alcoholic drinks due to the high phonetic similarity between the marks for the Spanish-speaking public.

03 April 2018

Is figurative mark containing word 'Mafia' contrary to public policy? General Court decides

The EU General Court has confirmed a decision of the EUIPO upholding the Italian government’s application for a declaration of invalidity of the figurative mark LA MAFIA SE SIENTA A LA MESA.

29 March 2018

Court of Appeal: 'stick' and 'stix' are distinctive for Class 30 goods

In a somewhat unusual decision, the Turkish Court of Appeal has found that the words 'stick' and 'stix' were the dominant elements of the plaintiff's trademarks and that they were distinctive for Class 30 goods.

12 March 2018

Bacardi bourbon battle hits the mainstream press; UK company pledges to fight on

Over the past few days, a UK business owner’s dispute with Bacardi over its Angel’s Envy bourbon brand has garnered media attention in trade and national press titles. The dispute highlights a quandary for large companies when the ‘David v Goliath’ narrative is cited – whether to engage in public arguments or to keep quiet.

30 January 2018

Food for thought: UDRP d(ish)oomed to fail

A WIPO panel has refused to transfer a domain name identically reproducing the complainant's trademark as there was insufficient evidence that it was registered and used in bad faith.

25 April 2018

Victory for Coca-Cola: Delhi High Court grants permanent injunction against use of KINLEY

The Delhi High Court has issued a permanent injunction prohibiting Glacier Water Industries from using Coca-Cola’s KINLEY mark and passing off its goods as those of Coca-Cola.

30 October 2017

TRES TOROS 3 rejected due to geographical indication

In Bodegas Verdúguez, SL v the European Union Intellectual Property Office (EUIPO), the EU General Court upheld a EUIPO Fifth Board of Appeal decision to refuse an application for the denominative mark TRES TOROS 3. It held that the appellant did not prove that the mark would be perceived by the relevant public as a semantic unit which refers to a bullfight between three bulls, rather than the protected designation of origin 'Toro'.

22 September 2017

Cheerios yellow box rejected for trademark registration

The Trademark Trial and Appeal Board (TTAB) recently held that General Mills did not provide sufficient evidence to support the claim that its iconic yellow cereal box had acquired sufficient distinctiveness to allow registration. The TTAB ruled that consumers do not perceive the colour yellow to be a source indicator due to the substantial number of other cereal products in the marketplace which use yellow packaging.

14 September 2017

Opinion sought in ‘Champagner Sorbet’ case

The Comité Interprofessionnel du Vin de Champagne sued Aldi Süd for unauthorised use of the Champagne protected designation of origin (PDO). The case led to the European Court of Justice seeking an opinion as to whether the use of a PDO on the packaging of a product which benefits from such use constitutes exploitation.