On 16 December 2019, the Swedish Patent- and Market Court delivered a judgment on the registration of the company name GDL AB, reversing a long-standing practice of the Swedish Companies Registration Office (“Bolagsverket”) when it comes to the assessment of distinctiveness of company names. Why is the above relevant on a trademark blog one may…

Many trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the lack of intention to use the mark at the time of its application will not necessarily result in bad faith. Is this a…

We had reported on the introduction in Greece of mandatory mediation in trademark infringement disputes in this blog here and here. Law no 4640/2019 “Mediation on civil and commercial disputes – Further harmonization of Greek legislation with Directive 2008/52/EC of the European parliament and of the council of 21 May 2008 and other provisions” (the…

The so called “growth decree” (decree-law no. 34/2019, amended by the Italian Parliament as law 58/2019 in June 2019) has introduced a new category of marks in Italy: “historic marks” defined as those marks registered or used continuously for a period of at least 50 years to market products or services “made by an Italian manufacturing company of excellence, which…

What are the limits as regards the use of a well-known trademark to promote a contest? In two similar circumstances, two Spanish courts have reached different conclusions. In this article, we will analyze the circumstances of the legal proceedings and the dissonant approach taken by the Spanish courts: INDITEX v BUONGIORNO In this case, the…

In a recent ruling from 15 August 2019 (BS-6392/2019 SHR) the Danish Maritime and Commercial High Court found that the conditions for issuing a preliminary injunction against the clothing company Message A/S (Message) had not been fulfilled since the alleged infringement did not constitute a sufficient basis for issuing a preliminary injunction. According to the…

The German Federal Supreme Court recently ruled that the use of only one trademark in search engine advertisements by Amazon was trademark infringing when the underlying link led to a list of offers that included not only products offered under that brand but also those of third parties (Decision of the Federal Supreme Court of…

On 22 July 2019, the Second Board of Appeal at EUIPO issued a decision partially invalidating the EUTM ‘MONOPOLY’. The reason for the invalidation was that the Board considered the EUTM proprietor to have been in bad faith when it filed the application for the EUTM insofar as it included goods and services already covered…

Some (among whom, the truly yours) wondered, when in late June the US Supreme Court held unconstitutional the Lanham Act provision (15 U. S. C. §1052(a)) prohibiting registration of trademarks consisting of or comprising immoral or scandalous matter because it discriminates on the basis of viewpoint and therefore violates the free speech clause[1], whether freedom…