Trademark

A trade mark is a distinctive sign which indicates the origin of goods and services, usually refers to a registered trade marks

Company names, Domain name, EUTM, Genuine use, Level of similarity of marks, Names, National marks, Opposition, The Netherlands, Trademark

(NLO Shieldmark)/ /Leave a comment

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

Trademark

( Trevisan & Cuonzo) and (Trevisan & Cuonzo)/ /Leave a comment

Following the Court of Justice decision that “saved” the 2002 EU LAMBRETTA trademark from a decision of partial revocation for non-use rendered by the EUIPO Opposition Division[1], on 28 March 2017, the Italian Supreme Court ordered the revocation for non-use of three LAMBRETTA trademarks registered before the Italian Trademark Office in 1948, 1968 and 1969…

CJEU, EU Trademark reform, Germany, Infringement, Infringement action, National marks, Trademark

(Hildebrandt.)/ /Leave a comment

Two months ago I reported about the Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz) which was supposed to enter into force before the election for the next German Bundestag. Some of the relevant German associations commented in detail on the draft and proposed some well-grounded changes – i.e. the Markenverband, the GRUR, and the Bundesverband Deutscher…

Trademark

(PETOSEVIC)/ /Leave a comment

The Russian IP Court was a welcome addition to the Russian court system back in July 2013. It’s recent decisions seem to collide with Russian legislation regulating what is and what is not a trademark infringement, as well as, with established practice. Different definitions A trademark infringement can incur civil, administrative or criminal liability under…

3D Trademark, Bundesgerichtshof, Case law, Community Trademark, Infringement, Shape marks

(Lubberger Lehment )/ /Leave a comment

3-D Mark litigation is like life itself – you never know what you’re going to get. And for that reason, it’s all the more enjoyable when a 3-D registration prevails over a knock-off. A notorious trader of perfume imitations was marketing the following perfume bottle – apparently feeling safe about the plaintiff’s product shape, registered…

Bundesgerichtshof, Case law, Community Trademark, Damage claims, EUTM, Germany, Jurisdiction

(Hildebrandt.)/ /Leave a comment

World of Warcraft (WoW) is a massively multiplayer online role-playing game (MMORPG) released in 2004 by Blizzard Entertainment. World of Warcraft takes place within the fantasy Warcraft world of Azeroth. Alone or together with others the player has to solve quests in order to level up and have more possibilities. Since some of these quests…

Case law, Community Trademark, Figurative mark, Infringement action, Lack of distinctiveness, Registrability, Sweden

(Cirio Law Firm)/ /Leave a comment

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt Tenn’) figurative EUTM ‘Manhattan’ (shown below). The case concerned two questions, namely whether (a) there was infringement in Sweden and (b) the trade mark is valid. This case relates…

Community Trademark, EUIPO, European Union

(PETOSEVIC)/ /Leave a comment

A lifestyle and hospitality company well known for its luxurious beach clubs and hotels, has recently succeeded in registering EPICUREAN LOUNGE word mark in the European Union. While the OHIM examiner initially refused the application on the grounds of descriptiveness, an appeal reversed the examiner’s decision. In September 2014, Nikki Beach filed a community trademark application…