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 case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation.   [A lawsuit taking a good long snooze …]   A recent decision of the Austrian Supreme Court (short “OGH”) dealt with the procedural…

Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on which it was registered, as a result of the use made of it by its proprietor or with its consent (Art….

Inspired by my co-blogger Agnieszka Sztoldman’s August post on Teva’s headache over slogan (EU) trade marks, and the mood-lifting granting of protection to the slogan “STIMMUNG HOCH ZWEI” in Austria (see details below), this is to provide an overview on the protection of slogans and taglines in recent Austrian case law. As any other trademarks,…

The Austrian courts recently had the opportunity to provide some clarifications as to when a geographical indication, which is not protected as such under EU legislation, may be registered as a trademark, relying on the principles established more than 20 years ago in the “Chiemsee” preliminary rulings of the Court of Justice of the EU…

(Updated as of 21.05.2020 due to further changes in legislation and to provide clarifications) Austria, as many other countries, adopted legal measures to extend deadlines with a view to the COVID-19 crisis. As the provisions are all but crystal clear, this is to give you an overview of which running deadlines in trademark (and other…

As already noted by fellow bloggers in respect to a number of countries, the new Trademarks Directive [Directive (EU) 2015/2436 of 16 December 2015], short “TMD” also required amendments to the Austrian Trademark Law Act. Austria opted for an implementation in two steps: the first set of amendments already entered into force (mostly) on 01…

On imitation marketing and locally limited likelihood of confusion between the product get-up of “Mozartkugel” confectionery.   The city of Salzburg is not only the birthplace of Wolfgang Amadeus Mozart, but also home to one of Austria’s most famous sweets, the „(Salzburger) Mozartkugeln”. The Austrian Supreme Court (“OGH”) recently decided in a conflict between two…

Can the use of “KHG” infringe the name rights of “Karl-Heinz Grasser”? Former Austrian Minister of Finance Karl-Heinz Grasser is widely known as KHG. After his term, which ended in 2007, he was accused of bribery in various cases. The accusations and investigations gained great public attention. In 2015, the defendants, a journalist who publishes…