On 26 November 2021, in BS-10861/2021-SHR, the Danish Maritime and Commercial Court found no likelihood of confusion between the EU-registrations to VITAYUMMY (used as ) and . Both for chewy vitamins in Class 5. The Court found that chewy vitamins should be considered to be a sub-category of dietary supplements in the form of fruit…
Like the previously invalidated bar on “disparaging” marks, the “immoral/scandalous” marks prohibition violated the First Amendment as a viewpoint-based restriction on free speech. The Lanham Act’s prohibition against registration of “immoral” or “scandalous” trademarks violates the First Amendment as a viewpoint-based restriction on expression, the U.S. Supreme Court has held. A divided Court affirmed a…
Readers might recall an earlier article (see here) discussing the positions of the General Court (GC) and the EUIPO’s Boards of Appeal (BoA) regarding (dis)similarity between alcoholic and non-alcoholic beverages. By way of a…
In case you are engaged in a “hot dispute” in this hot summer, so as to “cool-off” a bit, this is to start a discussion about settlement options for pending litigation. [A lawsuit taking a good long snooze …] A recent decision of the Austrian Supreme Court (short “OGH”) dealt with the procedural…
Dispute and Facts Munich SL owns an EU registration of 2004 for the following figurative mark: This representation means that the crossed stripes are placed on the side of a shoe. The registration covers ʻSports footwearʼ (class 25). In 2010, Munich SL sued Deichmann SE before the Regional Court of Düsseldorf for the infringement of…
Let us start this article by asking two questions – would you be confused by a take-away Chinese and a posh Chinese restaurant in central London even if they share the same name? Will you convince yourself that a Mayfair Chinese restaurant has opened a branch in your small village and offers late-night take away?…
The LEHMAN BROTHERS mark has been used continuously in the course of winding up the affairs of at least one Lehman Brothers affiliated company. In a case involving competing applications to register the mark LEHMAN BROTHERS, the U.S. Court of Appeals for the Federal Circuit has affirmed a decision by the Trademark Trial and Appeal…
Read up on the latest news reported by the Kluwer IP Reporter here. Haiti starts using HDB in TMclass While increasing its participation in TMclass, the Industrial Property Service of the Ministry of Commerce and Industry of Haiti (SPIMCI) started using and accepting terms from the harmonised database of goods and services (HDB) in TMclass…
Yet another Feta case has reached the European Court of Justice (ECJ). This time the question is whether the Kingdom of Denmark is obliged to stop Danish cheese producers from using the protected designation of origin (PDO) Feta for cheese exported to third countries. Historically production and export of cheese under the name Feta existed…
When a IP court awards the winning party the reimbursement of the costs incurred, what exactly can be included in such an award and how to determine its amount is not always obvious. Surely it is curious that the Court of Justice (CJEU) dealt with these issues in two recent decisions, both issued last April…
