Anti- Counterfeiting, Czech Republic, EU trade mark law, Exhaustion of rights, Grey online sales, Parallel imports, Trademark

(Havlik Svorcik & Partners)/ /Leave a comment

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…

Brexit, Case law, United Kingdom

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At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end to the principle of supremacy of EU law in the UK), the UK Court of Appeal departed from CJEU…

Brexit, Case law, European Union, United Kingdom

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The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two blogs looking at REULA, and at the UK Courts’ approach to EU law following the UK’s departure from the…

Case law, CJEU, EUTM, Exhaustion of rights, Poland, Trademark

(Osborne Clarke, University of Wrocław)/ /Leave a comment

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…

Case law, Likelihood of confusion, United States

(Wolters Kluwer Legal & Regulatory)/ /Leave a comment

A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language word could not invoke the First Amendment to protect it against a trademark claim against the owner of that mark—even…

News

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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. Assignment Center replaces EPAS and ETAS The United States Patent and Trademark Office (USPTO) announced the replacement of the Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System…

Bundesgerichtshof, Case law, CJEU, Germany, Infringement, Infringement action, Preliminary ruling, Trademark

(b/cl IP)/ /Leave a comment

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:  …

Trade name

(Tsibanoulis & Partners Law Firm)/ /Leave a comment

The Greek Supreme Court has recently handed down its ruling in a cassation appeal concerning the shape of biscuits and their protection as unregistered trademarks (no 659/2023), confirming the findings of the Athens Court of Appeal. The biscuits, although quite well-known, were considered non-distinctive, as was the image of two spikes of wheat embossed on…

Non Use, Trademark

(Ofo Ventura Intellectual Property & Litigation)/ /Leave a comment

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…