The Alicante Appellate Court has confirmed that the use of lists comparing fragrances to well-known perfume brands is illegal. Comparison lists compare smell-alike perfumes with the respective high-priced original perfume brand. These lists are distributed among retailers to inform customers of the “equivalence” between their fragrances and the well-known brand. Lately, retailers have been using…

Whether use of a trade mark in just one Member State is sufficient or not to support the validity of a CTM is an issue practitioners and Courts have struggled with since the CTM system began. The issue was addressed by the CJEU in their decision in ONEL back in 2012. Yet MINT, one of the first UK IPO…

In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to be able to bring an infringement action based on a CTM. According to Article 23(1) CTMR, the transfer, rights in rem and licenses…

The Swedish Supreme Court has requested a preliminary ruling from the CJEU in respect of an infringement case involving a CTM in Sweden. The case involves the Swedish insurance company Länsförsäkringar AB (“LF”) who claimed that the Estonian construction company Matek A/S (“Matek”) infringed LF’s CTM through its use of a similar trademark . The CTM…

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle, and it was held non-distinctive in relation to automobiles and related goods. Background of the case Jaguar Land Rover Ltd. had applied for the…

For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark with a reputation“ in other member states, the CJEU has now provided clarification in its judgment of 3 September…

While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. – Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on whether Nestlé or Cadbury is the winner of the referral and now are eagerly await the judgment of…