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We surely cannot. With Messi (see cases C-449/18P and C-474/18P MESSI) and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should be taken in consideration when comparing marks and which may ultimately exclude confusion with an earlier similar mark. However, two recent cases seem…
On 14 July 2021 the General Court (The Court) issued a decision in a matter between Cole Haan LLC (Cole Haan) and the Danish clothing company Samsøe and Samsøe Holding A/S (Samsøe and Samsøe) in the case T-399/20. The Court found the trademark applied for by Cole Haan consisting of the letter ‘Ø’ from the…
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of the shape of one of their lipsticks (the mark applied for shown below): Application before the EUIPO and the Board of Appeal The…
In its TARGET VENTURES decision of 28 October 2020 (T-273/19), the General Court stated that there could be bad faith when there were objective indicia of a dishonest intention of the trademark owner, not necessarily linked to causing damage to a third party, when it seeks to obtain an abusive exclusive right. The case is…
Can the name of a historical, well known place be registered as a trademark? If we think about the NEUSCHWANSTEIN case (C-488/16), the answer is: yes, it can be registered, provided there is no connection between the designated goods/services and the famous place. But what about the “allure” associated with a well-known site? Should anyone…
On 20 January 2021, the General Court handed down its judgment in the slogan case brought by Oatly AB against the EUIPO’s refusal to register “IT’S LIKE MILK BUT MADE FOR HUMANS” (Case T‑253/20). The General Court sided with Oatly and found that this slogan was sufficiently distinctive to be registered as an EU trademark….
“Dura lex sed lex” (it’s harsh but it’s the law) is a principle that usually does not admit exceptions. Unless of course one can make recourse to the “restitutio in integrum”, which, however, is a remedy not so easily obtainable, save perhaps around Christmas, as shown in the decision by the General Court in Forbo…
Registering and using a trade mark representing an animal is a common practice in the clothing industry. Consequently, proprietors often oppose younger signs which show the same animal. We can for example think of the famous crocodile of Lacoste and all the disputes related to its protection over decades. A recent judgment by the General…
On 28 May 2020 the General Court rendered its most recent ruling regarding enhanced protection of trade marks with a reputation (T-677/18; available in French and Spanish). Two issues are of particular interest in this judgment. First, how to prove reputation, as well as distinctiveness, of a mark consisting of the shape of the product…
By judgment of 19 December 2019, T-690/18, the General Court delivered the second victory to Sony over EUIPO in the same case concerning its EUTM “VITA” and registration thereof for a number of goods in class 9 such as software and data carriers. The contested decision of the Fourth Board of Appeal of EUIPO…
