For over five years, Canadian trademark practitioners have been preparing for Canada’s new trademark law. We have been advising clients, writing articles, attending seminars, reviewing new Regulations & Practice Notices, and updating our internal systems preparing for the most significant changes in one hundred and fifty years. After several delays, most sections of the new…

While the new EUTMR 2017/1001 deleted any reference to disclaimers – previously provided by Article 37(2) of EUTMR No. 207/2009 – both the EU Directive 2008/95 and the Recast Directive 2015/2436 neither allowed nor prohibited disclaimers at national level. Few Member States had disclaimers on their book (Sweden, Ireland and Latvia) and from Sweden the…

Traditionally, ‘gömböc’ has been the name of a kind of Hungarian food specialty, also called ‘disznósajt’ (‘pork-cheese’), similar to the Scottish haggis: pig’s stomach filled with leftovers. In a folk tale, the gömböc devours the members of an entire family one after the other, until the youngest son slits it open from the inside with…

In a recent case decided by the Court of Venice (decision n. 2355/2018), MHCS, the producer, inter alia, of the famous Veuve Cliquot champagne, prevailed against a prosecco producer who used orange labels on its prosecco, based on its abstract colour mark “jaune orange” registered as an EUTM. However, absent proof of acquired distinctiveness for…

Polish Supreme Court, Civil Chamber, 9 May 2019, Case No. I CSK 263/18 The Polish Supreme Court (Sąd Najwyższy) overturned the judgment of the Warsaw Court of Appeal (case no. I ACa 962/16) on the basis that courts should assess the overall similarity of trademarks, whether it is phonetic, graphical or conceptual. Conceptual differences not…

Sufficient evidence at trial supported finding that trade dress of iconic French press coffeemaker was nonfunctional; verdict against rival upheld. Bodum USA, Inc. (Bodum), which produces and sells what is recognized as an iconically designed houseware product, the Chambord French press coffeemaker, met its burden of proving at trial that the elements of the claimed…

Recently, the Danish Commercial and Maritime High Court balanced the legal interest in the family name Ørsted against the commercial interest in the name of Ørsted by ruling on the right to register and use several trademarks and domains including or consisting of ØRSTED. This is the second blog on the use of family names…