A decision of the German Federal Patent Court dated 13 September 2021 (Case 26 W (pat) 20/20) shows the sometimes thin line between likelihood of confusion and exploitation of the reputation…
2021 has yet again been a busy year for the General Court when it comes to decisions dealing with EU trademarks. It would also have been busy for the Court of Justice; however, alas, also in 2021 the…
The Board provided no support for the notion that a registrant has priority as to a specific service it was second to offer just because it was first to offer a different service that is a species of…
We surely cannot.
With Messi (see cases C-449/18P and C-474/18P MESSI) and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should…
The Board was found to have applied the wrong standard for the second time in adjudicating the same claim.
The Trademark Trial and Appeal Board applied the wrong standard in determining that an…
As you may recall from our post on the 'Sony Vita' invalidation case, where a trade mark is registered for a product but only used for something viewed by consumers as a different product, the trade…
Previously on the Kluwer Trademark Blog
We have amply reported about the Gömböc case before. If you have missed the previous episodes, you may read our post on the request for a preliminary ruling to…
CA 8668/19 CHANEL v. SCENTWISH LTD— Supreme Court decision dated October 31, 2021
The Israeli Supreme Court has recently remanded to the District Court for further review a claim for a declaratory…
On 14 July 2021 the General Court (The Court) issued a decision in a matter between Cole Haan LLC (Cole Haan) and the Danish clothing company Samsøe and Samsøe Holding A/S (Samsøe and Samsøe) in the…
The Board erred by failing to consider whether the registered BROOKLYN BREW SHOP mark has acquired distinctiveness for beer-making kits.
In an effort by the owners of the mark BROOKLYN BREWERY to…