What does PureOaty mean?
…a mere link and a link creating an unfair advantage. In most cases involving directly competitive product (identical goods), if a competitor creates a link in the mind of the…
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Sony’s “Vita” mark revoked for non-use
…actually marketed, or is contained in it, or fulfils a secondary but commercially irrelevant function. In this context it should also be remembered that a single (not composite) product normally…
Discriminating treatment of Hague designs extended to RUSSIA as the Russian PTO does not allow Hague design holders to respond to refusals which is non-compliance with Article 12(3)(b) of Geneva Act 1999
…under the law applicable to the Office that communicated the refusal. Such remedies shall at least consist of the possibility of a re-examination or a review of the refusal or…
Bundesgerichtshof, Community Trademark, EUTM, Germany, Infringement, Infringement action, Likelihood of confusion, similarity of goods and services
The “Pearl” Decision by the Federal Supreme Court: Climate Change and Assumed Licenses as Factors of Similarity of Goods
…products should be taken into account. Those factors include their nature, their intended purpose, method of use and whether they are in competition with each other or are complementary (see…
Trademark case: FocusVision Worldwide Inc. v. Information Builders Inc., USA
…FOCUS mark was commercially strong, the parties’ marks were similar, and would be used on overlapping services. Evidence of third-party use of similar marks was “thin” (FocusVision Worldwide, Inc. v….
Brexit- Impact on Exhaustion of Rights
…against parallel imports coming to the UK from the EEA. In contrast, EU right-holders would be able to enforce their rights against parallel imports moving from the UK into the…
3D Trademark, Brand Protection, Distinctive Character, Distinctiveness, Registrability, Shape marks, Switzerland
The capsule saga comes to an end – Swiss Federal Tribunal denies trademark protection to Nespresso capsules
…from commercializing its compatible capsules. ECC countered that it did not commit any trademark infringement since the shape of the Nespresso capsule was technically necessary when using the Nespresso system…
Guerlain made up following General Court decision
…function of indicating commercial origin. In assessing the mark, the General Court acknowledged the varying shapes and sizes that lipsticks come in. Guerlain’s lipstick was compared against the most…
About wine barrels and family traditions: revocation of marks that become misleading over time
…with a misleading indication of tradition (Ruling of 15.03.2021 in case 4 Ob 221/20h). Generally speaking, the use of names and family names as part of company names and…
Trademark case: Combe Inc. v. Dr. August Wolff GmbH & Co. KG Arzneimittel, USA
…brand products and Combe’s Eveready consumer survey and a brand recognition, or “fame,” survey (Combe Inc. v. Dr. August Wolff GmbH & Co. KG Arzneimittel, April 13, 2021, per curiam)….