Article 8(5) EUTMR, Case law, General Court, Reputation, similarity of goods and services, Weak elements in trademarks

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In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a trademark for their logo depicting a crown. The contested sign was among others filed for goods covering clothing, footwear and headgear in…

Trademark

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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…

(Preliminary) Injunction, Appeal, Copyright, European Union, Spain, Trademark, Unfair advantage

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The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing   Court decision no. 7/23 of 10 February 2023 of the EUTM Court of Alicante has confirmed the interim measures aimed at preventing the manufacture and commercialization of…

Case law, Genuine use

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The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale constitute acts of use of an EU trade mark. This case revolved around an EU trade mark that Standard Hotels applied…

Trademark

(Hoffmann Eitle)/ /2 Comments

  (image from www.audimediacenter.com)   Last month the Regional Court Munich I (Germany) had to decide on a trademark dispute between Audi (the Plaintiff) and the Chinese car manufacturer Nio (the Defendant). The Plaintiff is the proprietor of the German trademarks “S 6” and “S 8” for “Automotive vehicles and their structural parts”. The Defendant…

EUIPO, EUTM, National marks

, (Bugnion S.p.A)/ /2 Comments

A recent decision of the EUIPO’s Fourth Board of Appeal (BOA) dealing with conversion deserves a closer look at this instrument, and at the practice of the EUIPO relating to conversion (decision of September 26, 2022, Case R 1241/2020-4). To recap: when an EUTM application fails, or a registered EUTM is cancelled, it can be converted…

News

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Read up on the latest news reported by the Kluwer IP Reporter here. OAPI accedes to Geneva Act of Lisbon Agreement On 15 December 2022, the African Intellectual Property Organization (OAPI) joined the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act) by depositing its instrument of accession with…

Case law, pharmaceutical trademarks, United Kingdom

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The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been falsified. The FMD requires that the packaging of these products now bears certain safety features, such as a “unique identifier” verifying their authenticity and an…

Acquired Distinctiveness, Appeal, cancellation, Case law, Confusion, Distinctiveness, EUIPO, Level of similarity of marks, Likelihood of confusion, Similarity of marks, United Kingdom

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The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not disputed that the hair treatment goods covered by L’Oreal’s K K WATER mark in Class 3 (a sub-brand of its leading house…

Bad faith, cancellation, Invalidity, revocation

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As of January 14, 2023, actions for revocation and invalidity of Spanish trademarks can be filed through administrative proceedings before the Spanish Patent and Trademark Office (“SPTO”). This is expected to make cancelling a trademark, quicker, cheaper, and more flexible than through Court proceedings. This is likely to be most relevant for non-use cancellation actions…