The German Football Association (DFB) owns the international mark “Deutscher Fussball-Bund” (with device) with basic registration in Germany (see image below), claiming protection for a wide variety of merchandise. The registration was notified to the Swiss Federal Institute of Intellectual Property in April 2014. The Swiss Federal Institute of Intellectual Property refused to protect the…

The Regional High Court of Frankfurt rendered an interim injunction on appeal, which may have a great impact on the question if and to which extent the owner of an earlier trade mark can take action against the use of a colliding trade name or company name in Germany (judgment of 1 June 2017, 6…

In mid-July the Russian Supreme Court released an interesting decision in the dispute between one of the largest and most recognized non-profit organizations against a copycat suspected of raising money from confused donors all over the country. The judges decided in favor of the plaintiff despite the fact that it did not possess a trademark…

The Federal Administrative Court partially overturned a decision of the Swiss Federal Institute of Intellectual Property (IGE) refusing protection for Apple’s word mark “iMessage” for telecommunication services in class 38.   The Administrative Court agreed with the IPO that “iMessage” lacked original distinctiveness for messaging services, because such services were closely linked to the internet,…

Just as with any other violation of law, domain name and trademark squatting will be discouraged or encouraged depending on the efficiency of legal protection given to legitimate IP rights holders. When legal remedies are not available or are not effective, bad faith trademark and domain name applications will increase substantially, prompting legitimate right holders…

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

On 5 April 2017, the Court of Justice handed down its judgment in the EUIPO vs. Gilbert Szajner matter (C‑598/14 P), also known as LAGUIOLE – the EUTM that was at issue. The case concerns an opposition based on the French business name Forge de Laguiole. The use and, in principle, protection of the business name…

The recent Intellectual Property Enterprise Court (IPEC) decision of Azumi v Zuma’s Choice Pet Products & Ors touches upon a Smörgåsbord of issues, including a discussion around the size of Azumi’s market share, the interplay of pet food and restaurants, the joint liability of a director, a dog claiming an own name defence, legal threats…

  In a decision dated 21 September, 2016 the Danish Maritime and Commercial High Court decided that use of the name ‘Graceland Randers’ is an infringement of the reputed trademark ‘Graceland’ owned by GL SPE LLC, the official owner of the Elvis Presley trademarks. Graceland Randers                                                             Graceland Memphis http://memphismansion.dk/museum/)                              https://dk.pinterest.com/ The company owned by Henrik…