Sector: Food and Beverage

Latest content

General Court reiterates criteria for assessing validity of designs in cheese design case

This case serves as an important reminder that designs can be declared invalid based on a much wider range of prior rights than for trademarks.

16 December 2021

Cognac house Martell wins Rmb5 million in damages from Chinese copycats

This case is notable because the controlling shareholder was found jointly and severally liable with the accused companies as a result of receiving payments from buyers of the infringing products.

15 December 2021

A tasty “no” to Champagne bars

Two recent decisions of the Thai registrar of trademarks represent a major win for the Comité Interprofessionnel du Vin de Champagne and GI owners in general.

15 December 2021

Inditex unsuccessful in ZARA appeal to the General Court

Spanish retail giant Inditex has been unsuccessful on appeal in its attempt to register the mark ZARA for a variety of food products, and retail, wholesale and restaurant services.

14 December 2021

Are VITAYUMMY and YUMMI GUMMI confusingly similar?

This dispute between rival companies in the gummy vitamins sector shows the additional flexibility provided by an assessment under the Danish Marketing Practices Act.

13 December 2021

Wine producer fined for using misleading labels and deceptive packaging to indicate products’ alleged Italian origin

The Ukrainian Supreme Court has upheld decisions of the Anti-monopoly Committee imposing a total of €34,500 in fines on local wine producer NVP Niva TOV.

08 December 2021

Heytea serves up invalidation against Heetea in Singapore

This dispute between a tea shop chain and an operator of kiosks selling tea-based beverages highlights that enforcement can be taken in Singapore based on both registered and unregistered rights.

07 December 2021

General Court: it is not necessary for a mark to be used in an extensive geographic area for its use to be deemed genuine

The fact that use of the earlier mark had been proved only in connection with a small part of the territory of Germany and France did not preclude its use from being genuine.

06 December 2021

Oppositions flock to BLACK SHEEP RESTAURANTS

These two oppositions against the registration of BLACK SHEEP RESTAURANTS in Class 43 highlight how the EUIPO’s interpretation of the relevant public’s ability to speak the language of the marks impacts the likelihood of confusion assessment.

03 December 2021

Reviewing the doctrine of res judicata ‘ONE’ decision at a time

The judgment of the General Court in this long-running dispute between Nestlé and Amigüitos pets & life provides a helpful reminder of the instances in which the principle of res judicata should apply.

02 December 2021

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