Coexistence

Coexistence, Community Trademark, conceptual difference, cosmetic trademarks, Distinctive Character, Distinctiveness, EU trade mark law, EUTM, General Court, Likelihood of confusion, Similarity of marks, Trademark

(Lubberger Lehment) and (Lubberger Lehment )/ /Leave a comment

The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…

Case law, Coexistence, Denmark, Infringement

, (Gorrissen Federspiel)/ /Leave a comment

On 4 March 2021, the Danish Maritime and Commercial High Court (the Court) issued a decision between Mads Heindorf Jewellery (Mads Heindorf) and the company Heindorf Diamonds. The dispute regarded the jeweler Mads Heindorf’s trademark for the word “Heindorf”, which was asserted infringed by Heindorf Diamonds’ use of the name “Heindorf Diamonds” in relation to…

Acquired Distinctiveness, Article 8(4) EUTMR, Coexistence, Denmark, descriptive, Lack of distinctiveness, Legal costs, National law

(Zacco Advokatanpartsselskab)/ /Leave a comment

Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing. Sports Group had registered the device trademark However, the trademark was not used as registered. Mostly, Sports Group used the mark in a much simpler and minimalistic version that looked…

Coexistence, Defences, National law, United Kingdom

, (Stobbs IP)/ /Leave a comment

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…

Coexistence, EUTM, Unitary right

(BomhardIP)/ /Leave a comment

  County Kerry in Ireland, a beautiful region in the South known for its cattle breeding, is known to many trademark practitioners from the early CJEU trademark judgment in GERRI vs. KERRY SPRING (C-100/02, Gerolsteiner Brunnen). It has just become the protagonist of another CJEU judgment: In a case heard before the Audiencia Provincial in…

Austria, Coexistence, EU Trademark reform, Genuine use, National marks

(schmid-ip)/ /Leave a comment

When doing clearing searches for new trademarks, companies often find themselves facing one or several old trademark registrations that are subject to the use requirement and apparently not in use. Thus, they may consider bringing a cancellation action for non-use against the trademark(s) in question. Companies are sometimes hesitant to bring such actions because they…