On 1 September 2021, Sony’s ‘Vita’ trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety of class 9 items, including “data carriers containing programs” and “audio and/or image carriers (not of paper).” Vieta Audio applied…
When deciding whether to opt for the Hague International Design System or go the national route, it is tempting to choose to go with the Hague International Design System for all the conveniences that are involved, namely the streamlined administrative filing process via a single application that can be filed through the national office of…
The ”Pearl” decision by the Federal Supreme Court (BGH) may not be brand new (15 October 2020), but it is interesting in many respects. This post will deal with the similarity of goods. Facts The plaintiff owns an EUTM, registered in 2009, and a German registration, from 2003, for the word PEARL. Both are protected…
Substantial evidence supported the Board’s likelihood of confusion finding. Substantial evidence supported the Trademark Trial and Appeal Board’s finding that registration of the mark FOCUSVISION for software and data management services was likely to cause confusion with previously registered marks FOCUS for software and database management services, the U.S. Court of Appeals for the Federal…
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel imports for UK and EU right-holders. It remains to be seen how the principle of exhaustion of UK rights will develop in the hands of the…
The Swiss Federal Tribunal has ruled that the shape of the Nespresso capsules is technically necessary and that Nestlé’s 3D trademark shall therefore be cancelled (decision 4A_61/2021 of 7 September 2021). The decision of the Swiss Federal Tribunal is a milestone in the trademark infringement proceedings initiated by Nestlé against Ethical Coffee Company (“ECC”), which…
Guerlain, the luxury French perfume, cosmetics and skincare house, has emerged victorious in their three year-long attempt to obtain registration of a three-dimensional EU trade mark in respect of the shape of one of their lipsticks (the mark applied for shown below): Application before the EUIPO and the Board of Appeal The…
The district court on remand failed to explain the reason’s for its summary judgment and order directing the PTO to register a rival restaurant’s mark. The U.S. Court of Appeals in New York City for a second time has vacated a Manhattan district court’s judgment ordering the USPTO to grant New York City restaurant operator…
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on which it was registered, as a result of the use made of it by its proprietor or with its consent (Art….
Trial evidence supported the district court’s judgment, blocking registration of VAGISAN in the United States. The federal district court in Alexandria did not err in finding that a German company’s mark VAGISAN used on feminine care products was likely to cause confusion with Combe, Inc.’s VAGISIL brand used on identical and overlapping goods, the U.S….
