Registrability of Works of Art as Trademarks   Recently, the European Union Intellectual Property Office (“EUIPO”) and the Hungarian Intellectual Property Office (“HIPO”) have been asked in several cases to examine whether a work of art, in particular a painting, can be registered as a trademark. If a work of art is protected by copyright,…

In Case C-654/21, the CJEU ruled on a reference for a preliminary ruling from the Sąd Okręgowy w Warszawie (XXII Division of the District Court in Warsaw, Poland) in a dispute between two individuals. The dispute concerned an action for infringement of the European Union trade mark “MULTISELECT” brought before the Warsaw IP Court and…

Using country names as trademarks poses unique challenges, often conflicting with public order. Some countries worldwide have specific provisions in their national legislation for registering country names or letter codes of states as trademarks. The Paris Convention for the Protection of Industrial Property as of 1883 safeguards state symbols from unauthorized registration and use as…

  In a decision of this year, the District Court of Hamburg confirmed that an online-magazine article about so-called perfume dupes being “smell alikes” of well-known perfumes amounted to trademark infringement (decision of 26 January in Case 327 O 130/22). The claimants were exclusive licensees of several well-known trademarks for perfume for the territory of…

This post is the second of four, considering the decision of Smith J in Lidl v Tesco [2023] EWHC 873 (Ch), focusing on the passing off element of the judgment. Many were surprised that Lidl was successful on this ground, as it was not a traditional case of selling goods as those of another. Background…

Trademarks can evoke ideas and provide information about the quality of goods and services. The same is true for geographical indications, which are designations of geographical places and areas that indicate the geographical origin of goods or services, such as “Champagne” and “Parmigiano Reggiano”. Products with recognized geographical indications have a considerable market value. However,…

At a time when New Year’s resolutions to exercise more fizzle out for lack of motivation, many people realise what the General Court (GC) already knew: sport and entertainment do not necessarily have to go hand in hand. In the BIMBA TOYS case (21 December 2022, T-129/22), the GC confirmed the decision of the Fourth…

Most often, my blogs here relate to Canadian trademark practice – always changing and often of interest to trademark owners and practionners. This time however, I’m writing about mid-career transitions, which have become increasingly common amongst IP professionals and has affected many people I know all over the world. These can be challenging experiences to…

There has been a new positive development for the world-famous Rubik’s Cube in proceedings in France against a former distributor. In a decision of 19 November 2022, the Paris Court of Appeal prohibited the marketing by a former distributor of a lookalike puzzle cube reproducing the characteristics of the Rubik’s Cube, holding that the former…