With decision of 25th February 2019, the German Federal Patent Court (Bundespatentgericht) has ruled on the registrability of a celebrity name for inter alia publications in class 16. The Bundespatentgericht is the appeals court for decisions of the German Patent and Trademark Office (DPMA). Franziska van Almsick, one of the most successful swimmers of recent…

A trademark registration of a color per se is notoriously difficult to achieve, but what about the name of a color? In two recent decisions from the Danish Board of Appeal (BOA) regarding the registration of the words MAGENTA and CREAM respectively, the question regarding the descriptiveness of color designations was the main issue. In…

The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge their incontestability ten years after registration. The more recent approach of the European Court of Justice (ECJ) was that it accepted likelihood of confusion also in a…

This case has gone through all instances in the Norwegian court system, with the Norwegian Supreme Court rendering its first decision on colour marks in December 2017. Overall, the courts find that neither purple, nor specific shades of purple, have protection as unregistered trade marks for inhalers for GlaxoSmithKline in Norway. In 1999 GlaxoSmithKline (GSK)…