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Julius Stobbs , Emma Dixon  (Stobbs IP)
UK trade mark law post-Brexit: the UK Court of Appeal diverges from the CJEU in statutory acquiescence
March 12, 2024

At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
Pimp my Rolex…
March 08, 2024

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…

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Julius Stobbs , Emma Dixon  (Stobbs IP)
UK trade mark law post-Brexit: the Advancetrack case examines REULA and the TMA 1994
March 08, 2024

The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two…

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Agnieszka Sztoldman  (Osborne Clarke, University of Wrocław)
CJEU rules (again) on shifting burden of proof in Hewlett-Packard case
March 07, 2024

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…

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Matthew Hersh  (Wolters Kluwer Legal & Regulatory)
Trademark case: Punchbowl, Inc. v. AJ Press, LLC, USA
March 05, 2024

A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language…

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Kluwer IP Reporter
Trademark News: What you might have missed in February 2024
March 01, 2024

All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Assignment Center replaces EPAS and ETAS The United…

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Bettina Clefsen  (b/cl IP)
Can a German Trademark be used to prohibit possessing goods outside of Germany?
February 28, 2024

  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 (…

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Marina Perraki  (Tsibanoulis & Partners Law Firm)
Greece – Supreme Court - distinctiveness and functionality of shape marks
February 23, 2024

The Greek Supreme Court has recently handed down its ruling in a cassation appeal concerning the shape of biscuits and their protection as unregistered trademarks (no 659/2023), confirming the…

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Ozlem Futman  (Ofo Ventura Intellectual Property & Litigation)
ALL QUIET ON THE TÜRKPATENT FRONT
February 21, 2024

  For some time, brand owners and practitioners in Turkey have been waiting for three things to be moved forward before TÜRKPATENT, namely (1) administrative non-use cancellation proceedings, (2…

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Julius Stobbs , Emma Pettipher  (Stobbs IP)
Basmati: The UK perspective
February 14, 2024

We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary…

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