Evidence

Case law, Evidence, Lack of distinctiveness, National marks, Registrability, Sign used in the course of trade, Switzerland, Trademark

(MLL Meyerlustenberger Lachenal Froriep AG)/ /Leave a comment

CeramTec GmbH is the owner of the color trade mark IR 1‘109‘076 claiming protection for a shade of pink (Pantone 677, see image). At the beginning of 2012, CeramTec applied for the extension of protection to Switzerland for said trade mark in connection with goods of class 10: “femoral head spheres, acetabular cup, all the…

Evidence, France

(ipSO)/ /Leave a comment

Proving infringement in France has become just that wee bit more perilous after the Supreme Court’s decision of 25th January 2017. Saisie-contrefaçon, pioneered in France back in 1991 is still widely used to obtain material evidence of infringement that may be located in premises that are private, such as a company’s warehouse or showroom. However,…