Sector: Food and Beverage

Latest content

Latvian court establishes link between cosmetics and confectionery

In a landmark decision, the Riga City Court has concluded that the use of the trademark LAIMA for cosmetics would be detrimental to the reputation of the LAIMA mark for confectionery.

19 October 2022

SKYY v GINSKY: appeal decision leaves appellant in low spirits

A factor pointing strongly in a party’s favour may not be sufficient for a finding of a likelihood of confusion when the relevant factors considered as a whole point against such a finding.

14 October 2022

The saddest hour? Closing time for trademark cancellation petition

A petitioner bears a higher burden of proof to show prior use when it has amended its trademark application during prosecution to allege an earlier use date.

14 October 2022

Lidl pulled by the ear: Federal Supreme Court confirms trademark protection for Lindt's golden bunny

In a victory for Swiss chocolatier Lindt & Sprüngli, Switzerland’s highest court has ordered German discount retailer Lidl to stop selling its foil-wrapped chocolate bunny and to destroy its remaining stock.

13 October 2022

COMPAL v COPAL TREE: figurative element decisive in assessment of conceptual similarity

The General Court agreed that a significant part of the relevant public would find a conceptual identity between the figurative element of the earlier mark and the word ‘tree’ in the mark applied for.

12 October 2022

General Court confirms that BLACK IRISH is descriptive for beverages

The sign as a whole was descriptive in relation to beverages, as it simply informed the relevant public as to their colour and geographical origin.

07 October 2022

Nine counterfeit hotspots that you must be aware of in Kazakhstan

Featured in Physical marketplace counterfeit hotspots

In a major update from our series highlighting physical marketplaces that reportedly engage in the trade of counterfeit goods, we head to Kazakhstan.

06 October 2022

‘Absolut-ly’ distinctive: vodka bottle found distinctive and to indicate trade origin on appeal

The Board of Appeal of the EUIPO found that the relevant public could easily recognise Absolut Company’s imaginative bottle get-up.

05 October 2022

BULL overcomes DAWG at the High Court

The decision confirms that the intention of an applicant is not relevant when considering whether their proposed mark will obtain an unfair advantage.

04 October 2022

If you come for the Prince, you best not miss

The survey showing that 66.3% of the general public recognise ‘Purple Rain’ as a reference to famous musical artist Prince was sufficient to show that the mark PURPLE RAIN points uniquely and unmistakably to Prince.

04 October 2022

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