In September 2015 the German Bundesgerichtshof (BGH), Germany’s highest civil court, decided questions regarding the conversion of a Community Trademark into a national German trademark. The outcome was painful. The ruling greatly weakened the Community trademark system. The case was referred back to the appeal court (OLG Düsseldorf) which will hopefully refer the case to…

Throughout the years the correct interpretation of article 266, paragraph 4, of the Portuguese Industrial Property Code (PIPC) was unclear. This provision states that annulment actions must be filed within the 10-year period beginning on the date of issue of the registration grant order, without prejudice to the right to apply for annulment of a…

The U.S. Court of Appeals for the Federal Circuit reversed a trial court’s ruling that JBLU, Inc. violated the Tariff Act of 1930 by importing jeans that were not properly marked with their country of origin (JBLU, Inc. v. United States, March 2, 2016, Moore, K.). Because the trial court erred in deferring to the…

In a recent decision, the Court of Appeal of The Hague concluded that there is a confusing similarity between Lacoste’s device mark consisting of a picture of a crocodile, registered for (among other things) cosmetic products in class 3, and the word mark EAU CROCO for the same products. The case concerned an application by…

The dispute started with the termination of a license contract by which Együd Garage was entitled to use Daimler AG’s trade mark “Mercedes-Benz” and to describe itself as ‘felhatalmazott Mercedes Benz szerviz’ (‘authorised Mercedes-Benz dealer’) in its own online (www.telefonkonyv.hu) advertisements ordered from the Hungarian Phonebook Company (MTT). Despite the request of Együd Garage to…