The Opposition Division has partially upheld an opposition filed by Jaguar Land Rover (“Jaguar”) against EUTM application no.16778672 for the figurative mark, , applied for by luxury fashion designer, Philipp Plein. Jaguar based its opposition on earlier EUTM registrations covering several variations of its logo, as well as unregistered rights in these marks. These earlier…
We all know that highly famous marks enjoy a kind of “universal” protection for (almost) any goods and services. However, for only “average” well-known marks”, the threshold of necessary closeness depends on how well-known the trademark is, on the similarity of the marks, and on the type of injury. Background of the case In…
In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a trademark for their logo depicting a crown. The contested sign was among others filed for goods covering clothing, footwear and headgear in…
On 28 May 2020 the General Court rendered its most recent ruling regarding enhanced protection of trade marks with a reputation (T-677/18; available in French and Spanish). Two issues are of particular interest in this judgment. First, how to prove reputation, as well as distinctiveness, of a mark consisting of the shape of the product…
In the US to indicate two things which are truly… incomparable, one says “oranges and apples”. In continental EU, we say “apples and pears”. This case deals indeed with apples and pears. On 31 January 2019, the General Court of the European Union had to decide about the similarity between an apple and a pear…
Already in 2009, the Austrian Supreme Court granted an injunction against a pumpkin seed farmer from the Austrian province of Styria, who had had the ingenuous idea to “parody” Pfizer’s famous VIAGRA brand by selling pumpkin seeds in a blue sugar coating under the name “STYRIAGRA”, and registering that name as trademark. Unsurprisingly, Pfizer didn’t…
The General Court annulled a decision by the Second Board of Appeal of EUIPO, based on an insufficient (or, rather, inexistent) assessment of the reputation claimed by the opponent (GC, 1 June 2018, T‑900/16, only available in Spanish and French). The case concerned largely identical marks– DAYADAY in slightly different stylization – on both sides…
CJEU, 30 May 2018, C-85/16 P, C-86/16 P – Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE] The fame of the fashion brand KENZO is such that it can be held against the registration of KENZO ESTATE as an EUTM for wines and “western liquors” and for services that are or could be ancillary…
