In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio,  378 U.S. 184 (1964)). The CJEU, in case C‑310/17, delivered a decision on copyright which in a way confirms this aphorism and…

The Regional High Court of Nuremberg rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the time when the applicant (plaintiff) was seeking injunctive relief (judgment of 10 October 2018, 3 W 1932/18). The court decided that it…

Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked competitor Wycon from using similar store decor in its shops. (Court of Appeal decision no. 1543/18, Kiko-Wycon, March 26, 2018). Kiko’s…

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…

The dispute started with the termination of a license contract by which Együd Garage was entitled to use Daimler AG’s trade mark “Mercedes-Benz” and to describe itself as ‘felhatalmazott Mercedes Benz szerviz’ (‘authorised Mercedes-Benz dealer’) in its own online (www.telefonkonyv.hu) advertisements ordered from the Hungarian Phonebook Company (MTT). Despite the request of Együd Garage to…

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…