The EU is an economic and political association of certain European countries as a unit with internal free trade and common external tariffs.
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Copyright Blog…
The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…
Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down a preliminary ruling in a case involving Christian Louboutin on the one hand and Amazon on the other, one referred from Luxembourg and…
genuine use of an EU trademark within the EU for services provided outside the EU a summary of decision T‑768/20 of the General Court of the EU The background of this decision was an application for revocation for non-use against the EUTM owned by Standard International Management LLC, a US company. Yes, this is…
A judgment of the General Court demonstrates the controversial and problematic nature of retail services marks. The ALDI/ALDIANO Case The case concerns Aldi, the discount chain. An Aldi entity (in the following “Aldi”) filed an application for the declaration of invalidity against the EUTM ALDIANO, registered for “alcoholic beverages (except beers)” (class 33). Aldi relied…
As expected, frankly wished for, and previously reported on this blog (see here), the EUIPO appealed the General Court’s Ape Tees decision (T-281/21) to the Court of Justice. The Court allowed this appeal to proceed on 16 November 2022, recognising that the appeal raises issues relating to the fundamental principles of “unity, consistency and development…
EUTM 17981629 in the name of Pest Control Office Limited In May 2021, the Cancellation Division of the EUIPO declared the registration of Banksy’s Monkey image invalid on grounds of bad faith. The trademark owner appealed and on 25 October 2022, the Fifth Board annulled the decision and refused the cancellation action, ruling not…
On 12 October 2022, the General Court decided on the invalidity action by Shopify, Inc. against the EUTM for a number of goods and services in classes 9, 35, and 38 (T‑222/21). The GC confirmed the EUIPO Board of Appeal’s finding that there was no likelihood of confusion, essentially because “shop” is descriptive and will…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP law blogs. Here are the most popular posts over the past few months. Top 3 Kluwer Trademark Blog…
Background Craft and industrial products (CIPs) are a specific category of non-agricultural products originating in a certain geographic area and having a specific reputation for their qualities such as Brač stone or Murano glass. The Geneva Act of the Lisbon Agreement on Appellations of Origins and Geographical Indications (the Geneva Act) provides an international legal…
