Worldwide Trademark Assignments – Tips, Tricks and Best Practices
It is a common occurrence in the lifetime of a brand for ownership to change. In some cases, multiple times as part of corporate restructuring or the sale of a…
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Bundesgerichtshof, Case law, Color, Germany, Infringement action, Likelihood of confusion, Trademark
Germany: Additional protection for Lindt’s chocolate bunny
…use. The Court lifted the decision of the Higher District Court Munich which had rejected an infringement action against a competing product denying trademark protection for the gold-colored foil. The…
Trademark case: Select Comfort Corp. v. Baxter, USA
…at the time of purchase to support a trademark infringement claim was erroneous. In a suit by bedding manufacturer Select Comfort against a competitor for trademark infringement, trademark dilution, unfair…
The Impact of Brexit on the UK IPO
The Brexit transition period has come and gone, and we are now almost 8 months into our post-EU life. One thing we can all agree on is that the way…
OK. Everyone knows MESSI. But Miley Cyrus?
…CYRUS component has a consequence. As also (and regrettably in vain) argued by EUIPO, since neither ‘miley’ nor ‘cyrus’ is a common first name or surname, this implies that the…
General Court: purely defensive registrations constitute bad faith!
…namely, a German company Target Partners GmbH (“TP”), the owner of the EU trademark under attack, and a company based in the Virgin Islands called Target Ventures Group Ltd (“TV”),…
Can you smell the “Cndy Brz”?
…services applied for. The GPTO had argued that the use of disemvoweled words showed a common type of wordplay often utilised for advertising purposes. The public is used to the…
“Burlington Arcade vs. Burlington” – ECJ provides guidance as to the applicability of the “Praktiker” decision on trademarks registered before the decision
…before the date of that judgement’s delivery in 2005. Regarding the background of the case, the German company Burlington Fashion GmbH, well-known for their argyle socks, filed International trademark applications…
Landmark Polish Supreme Court ruling on EU trade mark: acquiescence vs national rules of limitation?
…the resolution is not yet available (and may only be available within a few months). Comment Although the ‘Audi’ case concerned an EUTM infringement, the Supreme Court did not rule…
GREAT EXPECTATIONS…. OFTEN DISAPPOINTED
…of a composite trademark is MUSEUM, would necessarily assume or come to the conclusion (and recognition) that the trademark as a whole “refers to a museum of a particular type…