The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing   Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…

  (image from www.audimediacenter.com)   Last month the Regional Court Munich I (Germany) had to decide on a trademark dispute between Audi (the Plaintiff) and the Chinese car manufacturer Nio (the Defendant). The Plaintiff is the proprietor of the German trademarks “S 6” and “S 8” for “Automotive vehicles and their structural parts”. The Defendant…

Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down a preliminary ruling in a case involving Christian Louboutin on the one hand and Amazon on the other, one referred from Luxembourg and…

Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what constitutes bad faith, a body of case law has been necessary to illuminate the threshold of behavioural demerit sufficient to disqualify owners from the benefits…

genuine use of an EU trademark within the EU for services provided outside the EU a summary of decision T‑768/20 of the General Court of the EU   The background of this decision was an application for revocation for non-use against the EUTM owned by Standard International Management LLC, a US company. Yes, this is…

On 13 October 2022 the Court of Justice (CJ) issued a preliminary ruling on corrective measures under the Enforcement Directive 2004/48. In this case (Case C-355/21), Procter & Gamble filed a trademark infringement claim against the Polish company perfumesco.pl. Procter & Gamble produced the perfume under the exclusive licence of the HUGO BOSS word-trademark. In…

With Judgment of 30 August 2022 the Swiss Federal Court has fully granted Lindt & Sprüngli’s injunction against Lidl and has prohibited Lidl from producing and distributing copies of the Lindt Gold Bunny. This Judgment implies that Lidl is no longer allowed to sell Gold Bunny look-alikes in Switzerland and must destroy any remaining stock…

The long running dispute between Sky and SkyKick is not due to end any time soon. SkyKick has been granted permission to appeal the 2021 decision of the Court of Appeal to the Supreme Court. The Supreme Court’s findings are expected to provide important guidance for brand owners regarding whether broad scope trade mark specifications…

With Judgment of 6 April 2022, the Federal Supreme Court upheld FIFA’s claim that the marks “PUMA WORLD CUP QATAR 2022” and “PUMA WORLD CUP 2022” were misleading, ordered these marks to be removed from the register and referred the case back to the Zurich Commercial Court to decide on the question of injunctive relief…