A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks
You may know the “Chewbacca Defence” from the South Park cartoon series. Here is a similarly confusing defence, which we named after the national dish of Hungary. The principle of acquiescence is meant to safeguard fairness and stability in commercial practices and trademark use. If a right holder becomes aware of the use of a…
Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin for glassware and related goods in classes 14, 21 and 33 (decision of 26.11.2019, case 4 Ob 152/19k, please refer to my prior blog post here). One year…
A recent decision of the Higher Regional Court Vienna (OLG Vienna), second – and often last – instance in cancellation and revocation proceedings in Austria, showcases the risks of a mismatch between trademark specifications and actual trademark use. We are all aware that EU trademark law allows for trademarks to be registered for a vast…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal. According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right invoked in an opposition after the BoA decision the annulment of which is requested before the GC does not mean that…
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…
UEFA, governing body of European football (a role that came into spotlight in the recent Super League case, not an IP case, see C-333/21), is slowly turning their attention to Germany, where the European football championship will be held this summer. The tournament’s official name is ‘(UEFA) EURO 2024’, which should come as no surprise,…
The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle with the Czech based online retailer Notino, a major European player in online sales of perfumery and cosmetics. The good news for…
The Swiss Federal Supreme Court decided that the customisation of branded items on behalf of the watch-owner does not violate trademark law In its Judgement of 19 January 2024, the Swiss Federal Supreme Court followed German case law in the area of the customisation of branded products on request of the product’s owner and held…
On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21 Harman International Industries, C-224/20 Merck Sharp & Dohme, and C‑204/20 Bayer Intellectual Property). The Polish IP Court had referred questions to the…
Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision of 23 January 2024 in Case I ZR 205/22). The detailed questions which the Court will have to answer are: …
