Poland introduced specialized IP Courts on July 1, 2020, resulting in significant changes to preventive measures, including the conditions for requesting information regarding an infringement of an intellectual property right. The IP Court in Warsaw has in the meantime referred a preliminary question to the Court of Justice (CJEU), namely: does one have to demonstrate…

The UK finally said bye-bye to the EU, but for how long will UK-based rights still matter in deciding EUTM-related controversies? This is the subject of two recent decisions by the General Court, i.e.  the Basmati case, T‑342/20, decided on October 6, 2021, and the subsequent APE TEES case, T‑281/21, decided on March 16, 2022. In…

Background On 1st March 2021, an updated version of the EUIPO Guidelines for examination of EU Trade Marks entered into force. Changes can be seen in the ‘track changes’ version. This reveals extensive revision throughout. As these changes are, inter alia, intended to align the Office’s procedures with recent decisions from the Court of Justice…

Vintage brands – generally well-known marks that have been phased out but live on in consumers’ memories – face the challenge that trademarks that are not used are cancelled. The CJEU judgment of 22 October 2020 in the testarossa case (C‑720/18 and C‑721/18) maintains the generous line from the 2003 Ansul judgment (C‑40/01), saying that…

In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation). However, this may lead to different national interpretations and treatment of EUTM registrations and affect the unitary character of the EU mark, and as we…

  Here‘s a look-back on the year that is about to end, with a promise not to say anything about Covid, Brexit, or Trump! This is about CJEU rulings in 2020 concerning appeals filed in trade mark matters – some numbers and observations – and wishes for 2021! The total number of CJEU rulings in…

On 17 September the CJEU handed down a long-awaited judgment on a matter that thrilled sports fans and the IP community (C-449/18P, C-474/18P, available in French and Spanish). Footballer Lionel Messi Cuccittini is allowed to register his surname as a trademark for a sportswear brand after a nine-year legal battle. The trade mark is a…

Further to Estelle Derclaye’s Kluwer Blog Post, a copy of which can be found here, we take a look at the practical consequences for manufacturers of the recent request for a preliminary ruling from the Court of Justice of the European Union (“CJEU”) by the Belgian Company Court, within copyright infringement proceedings brought by SI…

On 2 July 2020, the Court of Justice of the European Union (“CJEU”) handed down another decision which interprets the mercurial concept of ‘trade mark use’. Case C-684/19 – mk advokaten is a preliminary reference concerning unauthorised use of a sign in an online advertising context. The Court reaffirmed Daimler (C‑179/1- Daimler AG) in that…

On 30 April 2020 (C-772/18), the Court of Justice of the European Union (“CJEU”) addressed a contentious issue in trademark enforcement. It discussed the definition of “use in the course of trade”, especially as opposed to storing or importing in counterfeit trade. The CJEU examined Article 5(1) and (3)(b), (c) of Directive 2008/95 at the…