A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO on Article 8 (4) EUTMR which include 1) non-registered trademarks and 2) other signs used in the course of trade. Other signs…

Early in the morning of the 24 June 2016 it was announced that, by a slim majority of 51.9% to 48.1% of the participating voters, the decision had been taken for the UK to leave the EU. While not legally binding on the UK government, this decision is politically binding and at this time clearly…

Weapon of Choice: Protection of Names under Civil Law Before German courts, the best weapon against bothersome domain name registrations is not trademark law, but civil law. Sec. 12 of the German Civil Code (BGB) states quite broadly that the bearer of a name can keep others from using that name if such use compromised…

The Higher District Court of Düsseldorf had to decide whether the parallel importer of medical devices also had to provide the trademark owner at its request with a specimen of the re-labelled product. In its detailed decision of 12 April 2016 on case I-20 U 48/15 the court held that medical devices were rather more…

There is no official fee for requesting expedited proceedings. A request must be filed at the same time as filing the notice of appeal together with its statement of grounds or, for respondents, when filing their observations in reply. The request must be submitted in writing, as part of a separate document with detailed reasoning…

A decision from the Intellectual Property and Enterprise Court (“IPEC”) in Skyscape Cloud Services Limited v Sky PLC & ors [2016] EWHC 1340 (IPEC) has confirmed the continued dominance by Sky against entities incorporating their core mark, ‘SKY’. The case provides useful guidance on drafting declarations of non-infringement and has some interesting discussion on defining…

A store in Ljubljana (Slovenia) was selling genuine Levi’s® trademarked goods intended only for the US market. The store was buying the goods online in the USA by providing payment details of the owner’s American home address (he is a US citizen residing in SLO) and by having goods delivered to an address in the…

In a trademark infringement action brought by manufacturers and sellers of “SunEarth”-branded solar thermal collectors and related components against a China-based manufacturer of photovoltaic cells for large-scale utility companies, Sun Earth Solar Power Co., Ltd., and its U.S. affiliate, NBSolar USA, Inc. (collectively, “SESP”), a federal district court did not abuse its discretion by granting…