The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle with the Czech based online retailer Notino, a major European player in online sales of perfumery and cosmetics. The good news for…

On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21 Harman International Industries, C-224/20 Merck Sharp & Dohme, and C‑204/20 Bayer Intellectual Property). The Polish IP Court had referred questions to the…

Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision of 23 January 2024 in Case I ZR 205/22). The detailed questions which the Court will have to answer are:  …

For some time, brand owners and practitioners in Turkey have been waiting for three things to be moved forward before TÜRKPATENT, namely (1) administrative non-use cancellation proceedings, (2) an updated 2024 PTO fee schedule and (3) a new edition of entry exam to the profession. However,  TÜRKPATENT has been remarkably silent. Here is a summary…

We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary (here) of the AG opinion in the first case, BASMATI. The BASMATI case, and the related “Brexit cases” APE TEES…

On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify v EUIPO, C-751/22 P, see here and here)). The CJEU allowed all three appeals to proceed, and in…

All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Angola joins DESIGNclass and expands TMClass coverage On 30 October, 2023, the National Institute of Industrial Property of Angola (IAPI-AO) joined DESIGNclass, the biggest database for product indications, and…

The murals were merely hidden from public view, not modified or destroyed. A law school that covered up two controversial murals with acoustic panels in order to hide them from public view did not violate the rights of the visual artist who created the murals, the U.S. Court of Appeals for the Second Circuit has…

With Judgment of 8 March 2023 (B-1974/2022), the Swiss Federal Administrative Court confirmed the rejection of an opposition by Apple against a trademark showing another stylized apple motif. According to the Swiss Federal Administrative Court, there is no likelihood of confusion between the trademarks shown below, which are claimed for various identical or similar goods…