The Austrian Supreme Court (short “the Court”) denied a motion for a preliminary injunction (short “PI”) against the use of the mark “Duff (BEER)” based on the Claimant’s EUTM “Duff”, since the EUTM could be declared invalid on the basis of Defendant’s earlier German trademark rights (decision of 27.01.2016, 4 Ob 183/15p  – DUFF Beer)….

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt Tenn’) figurative EUTM ‘Manhattan’ (shown below). The case concerned two questions, namely whether (a) there was infringement in Sweden and (b) the trade mark is valid. This case relates…

The UK Court of Appeal recently upheld the High Court’s decision that the use of ‘glee’ by Twentieth Century Fox (‘Fox’) as the name of its comedy TV series infringed an earlier trade mark registration for THE GLEE CLUB. So called ‘wrong way round’ confusion played a central role in this. The claimant (and respondent…

The Portuguese market has been recently overrun by new brands and stores of “low-cost” perfumes. Their business relies on the idea of selling low-cost versions of the original perfumes, identified only by the olfactory families; the business model implicitly and explicitly presupposes that such perfumes are marketed as corresponding to the bestselling perfumes, in terms…

The CJEU in its decision of 4 February 2016 in the ARKTIS case (C-163/15) followed the opinion of Advocate General Wathelet and confirmed that recordal of a license is not a necessary condition for the licensee to be able to bring an infringement action based on a CTM. In our last post (here) we commented…