In a recent open letter to the European Commission, representatives of CITMA, AIM, APRAM, BMM, ECTA, INTA and MARQUES set out a collaborative response to the draft withdrawal agreement. This document contains recommendations and considerations relating to the treatment of IP in the draft agreement, as well as a great many acronyms. The key points…
In Germany, an opposition against a German trade mark can be based not only on a trade mark but also on a company name or trade name. In brief, under German law, a company name is the official name or designation of a trader or an undertaking including a catch word, for example “Mc Donald’s…
As discussed in our recent post here, the draft withdrawal agreement published by the EU Commission sets out a potential framework for trade mark and design rights AB (Anno Brexit). Certain implications of this framework for trade marks were discussed in our previous post. This post will consider some of the key implications for holders…
For some time, the Danish Patent and Trademark Office (DKPTO) has taken the approach that when an opposition is based on the reputation associated with earlier EU rights, then those earlier EU rights need to be reputed also in Denmark to enjoy the enhanced protection provided by reputation in oppositions against national Danish trademark applications….
The first-ever ADR domain name proceedings took place in Slovakia since introduction of the procedure in September 2017. The case involved a dispute over the domain name <vogue.sk>. The complainant – publishing company Les Publications Conde Nast S.A. as the owner of the VOGUE trademarks sought the transfer of the disputed domain name against the…
This case, L’Oréal Société Anonyme & L’Oréal (UK) Limited v RN Ventures Limited [2018] EWHC 173, involved a claim for infringement of both European Patent (UK) 1 722 699 B1 (“the Patent”) and Registered Community Design Nos. 000407747-001 (“the 747 Design”) and 001175046-001 (“the 046 Design”) (collectively “the RCDs”). The validity of the patent and…
On February 13, 2018, the Russian Constitutional Court issued a judgement in which it checked whether the existing regime of parallel import was in line with the Constitution. Although grey import has remained illegal, the burden of proof has dramatically changed: now infringers have almost 50 legal reasons to pay less and minimize the risks…
On 15 March 2018, Marriott Worldwide Corp., assisted by Anna Reid (D. Young & Co.), scored a major victory at the General Court (case T-151/17) against EUIPO and Mr. Johann Graf. Johann Graf had registered the „winged bull“ device or „taurophon“ as shown above on the right as an EUTM for, inter alia, class 43…
The IP-related provisions of the EU-Ukraine Association Agreement, signed and ratified by Ukraine in 2014, came into force on September 1, 2017. New rules regulating the non-use grace period for trademarks were thereby introduced. Where the existing trademark law provides for a 3-year non-use grace period, Article 198 of the Agreement sets forth the 5-year…
This post is the sequel to the post ‘Trademarks in Transactions – Part I: Due Diligence’ which dealt with trademark issues which regularly arise during the due diligence phase of an M&A transaction. Once the due diligence phase is over, and often already during the due diligence phase, the parties of an M&A transaction will…
