In a judgement of April 2018, the Regional Court of Hamburg has ruled on the use of original advertising material by non-authorized dealers and on how trademark law can bypass copyright law (308 O 231/16). The plaintiff manufactures saddle bags and other high quality cycling accessories. The defendant is an online retailer with numerous online…

Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC)     The UK Intellectual Enterprise Court has ruled that Essex Student Lets Limited, a student accommodation letting company, has fallen foul of trade mark infringement and passing-off, courtesy of their use of the mark “SU LETS”.   Background   The Defendant in…

Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761 The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of likelihood of confusion and gives it wider protection. In 2009, adidas initiated an infringement action in France relying on its famous three stripes…

The federal district court in Los Angeles did not err in dismissing trademark infringement, dilution, and related claims brought by Ketab Corporation—a telephone directory and marketing services to the Iranian community in the Los Angeles area—against a competing directory service provider, an Iranian television channel, a law firm, and others involved in providing services to…

In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional mark consisting of the graphical background of a popular chocolate bar’s packaging could not be registered since the design was not perceived as an indication…

By virtue of law 4512/2018, which was published on 17 January 2018, all disputes concerning trademarks, patents and industrial designs initiated before civil courts in Greece are subject to mandatory mediation. Hearing of the cases shall be inadmissible if the mediation process stipulated in the law has not been followed. The provisions shall start to…

Fast-track trademark and patent registration has become available in Russia. That has definitely made Russia one of the most favorable jurisdictions in Europe, at least when it comes to the length of time you spend.       Early in April, the Russian Patent Office (Rospatent) officially launched a service for fast-track registration of trademarks….

It does not happen every day that you can see a trademark case decided by the EU General Court with a Polish claimant (EUTM applicant), represented by his Polish attorney, with a Polish judge as the rapporteur and even with Polish national acting as the EUIPO’s representative. One of very few non-Polish aspects of this…