In what has been considered a surprising decision (see for example previous comments in this blog here), the CJEU has recently held that the proprietor of a mark is entitled to oppose a third party which, without the proprietor’s consent,  removes the sign from products and affixes other signs in its place, with a view…

This case is about the genuine use of shape marks. M J Quinlan & Associates PTY Ltd. of Australia own a 1999 registration for the shape of a kangaroo. The mark is protected for potato snacks and potato crisps. The plaintiff owns or owned a patent and design rights to the kangaroo-shaped crisps which were…

The Court of Appeal of Arnhem/Leeuwarden, The Netherlands, in its decision of August 21, 2018 invalidated the Benelux trade mark registration of the so called S-shape for loosefill packing material (see below picture) because it consists exclusively of a shape that is necessary to obtain a technical result.       The Court of Appeal…

  On 25 July 2018 (C-129/17), the CJEU decided that de-branding and rebranding of goods prior to any trade within the EEA without the trademark proprietor’s consent constituted ‘use in the course of trade’ of the originally affixed trademark and could, therefore, be prohibited by the proprietor of that mark. The judgment broadens the concept…