Retailer allegedly created knockoff goods and acted as more than a hands-off intermediary. Australia-based online retailer Redbubble, Inc., could be directly liable for third-party sellers’ infringement of trademarks owned by the Ohio State University, the U.S. Court of Appeals in Cincinnati has held. Unlike online retailers or auction houses that typically had been found not…
The Supreme Court has ruled that the family having the last name of Ørsted must tolerate and co-exist with the commercial use of ØRSTED. The judgement states that the energy company has the right to register and use several trademarks, domains and company names including or consisting of ØRSTED. The Supreme Court confirms that the…
In our view they should, but the General Court held otherwise on January 27, 2021 in Case T-817/19, basically finding that coincidence in a non-distinctive element will still lead to a finding of likelihood of confusion. OmniVision GmbH, owner of an EUTM “HYLO-VISION” registered, among others, for medical preparations, filed an opposition against the EUTM…
Vintage brands – generally well-known marks that have been phased out but live on in consumers’ memories – face the challenge that trademarks that are not used are cancelled. The CJEU judgment of 22 October 2020 in the testarossa case (C‑720/18 and C‑721/18) maintains the generous line from the 2003 Ansul judgment (C‑40/01), saying that…
This is about how a hugely successful Austrian furniture giant turned the wheels a bit too far trying to save taxes through restructuring and licensing. An Austrian story, which, however, could probably have taken place anywhere in the European Union. In a judgment of 27 November 2020 (case ref. Ra 2019/15/0162), the Highest Administrative…
After a long battle Saule LLC, a manufacturer of motocross and extreme cycling equipment, has managed to register the designation as a trademark in Russia. Saule LLC uses the slogan “RIDE ONE HUNDRED PERCENT” and a graphic designation “100%” as a trademark in the USA and many other countries. Moreover, Saule LLC is the rights…
Famous young pop singer, Aya Nakamura has sold millions of albums and made a name for herself in France and Europe-wide. Recently, her accomplishments extended to the IP field as well when Kyo Jino, a fashion designer accused Aya on social media of “stealing her creativity” to which Aya responded: “If what you say is…
The crucial date 31 December 2020 has passed and we are now a month into 2021. Even though, in the last two months, the relationship between the UK and the EU had highly dramatic moments, from an IP point of view, things went smoothly and with an incredible velocity, that we would not have predicted,…
On 20 January 2021, the General Court handed down its judgment in the slogan case brought by Oatly AB against the EUIPO’s refusal to register “IT’S LIKE MILK BUT MADE FOR HUMANS” (Case T‑253/20). The General Court sided with Oatly and found that this slogan was sufficiently distinctive to be registered as an EU trademark….
NIKE no longer had a legally cognizable interest in the validity of the preliminary injunction. NIKE, Inc., was precluded from appealing a district court’s preliminary injunction issued in November 2019 barring the athletic footwear giant from using the phrase “Sport Changes Everything” in an advertising campaign, the U.S. Court of Appeals in Richmond has ruled….
