Germany

3D Trademark, Case law, Figurative mark, Food, Germany, Lack of distinctiveness, Registrability, Shape marks

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In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its own motion (Decision of 22 April 2016 on Case 25 W(pat) 8/09). The International Registration (“IR”) depicted below was registered in December 2005 in Germany. In…

Case law, CJEU, Germany, Keyword advertising

(Lubberger Lehment)/ /1 Comment

Amazon’s internal search engine has already been the subject of a decision by the High Court (England and Wales) made just over two years ago (2014, EWHC 181, ch). The claimant was the proprietor of the LUSH trademark, used (inter alia) for bath additives. After the trademark was entered as the search term, Amazon exclusively…

3D Trademark, Case law, Germany, Registrability, Shape marks

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The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark. This blog deals with the Schogetten chocolate case in Germany (Higher Regional Court Cologne, 15 August 2014 – 6 U 9/14) and Hungary (Fővárosi Törvényszék – 2015….

Case law, EUTM, Germany, Keyword advertising

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The Higher District Court of Cologne held in preliminary injunction proceedings that use of a distinctive trademark on amazon.de for displaying other comparable products not originating from the trademark owner may be a trademark infringement (decision of 20 November 2015 on Case 6 U 40/15). The case concerned a practice of Amazon on its German…

CJEU, Germany, Spain

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In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to be able to bring an infringement action based on a CTM. According to Article 23(1) CTMR, the transfer, rights in rem and licenses…