Chiquita Brands queens it over Jara 2000
…in the context of the overall assessment of the likelihood of confusion and, on the other, the distinctive character which an element of a composite mark may have, which is…
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Liar liar… pants on fire! High Court of Ireland finds in favour of Diesel and overturns a trade mark opposition on appeal
Diesel SPA (hereafter Diesel Italy) began selling jeans in Italy in 1978. The jeans were sold in Ireland from 1982 onward. In the intervening years, a company based in Monaghan…
Coexistence, Community Trademark, conceptual difference, cosmetic trademarks, Distinctive Character, Distinctiveness, EU trade mark law, EUTM, General Court, Likelihood of confusion, Similarity of marks, Trademark
„LA CRÈME LIBRE “ – Judgment of the General Court of 21 February 2024
…services can be similar if they are in competition with each other, if they complement each other, or if they have similar purposes. Therefore, the goods and services covered by…
UEFA’s road to ‘EURO 2024’: Turbulences caused by descriptive elements
…Germany, where the European football championship will be held this summer. The tournament’s official name is ‘(UEFA) EURO 2024’, which should come as no surprise, given that the same event…
Trademark News: What you might have missed in April 2024
…faith” via the Common Communication. Read the full story here EUIPO implements CP14 Common Practice On 19 April 2024, the European Union Intellectual Property Union (EUIPO) released the Common Practice…
Lidl v Tesco – evergreening and non-use revocation
…Wordless Mark had been used as a component of the Lidl ‘mark with text’ was not determinative of Lidl’s intentions at the time of applying for the 1995 Registration. The…
EUIPO Executive Director’s referral to the Grand Board – Something the Grand Board has been asked does not sound quite right
…‘NIGHTWATCH’ (R 1241/2020-4 of 26/09/2022 – see here our previous comment) that, diverging from the EUIPO Guidelines, allowed the conversion of a refused EUTM application following its withdrawal within the…
Lidl v Tesco: The Court of Appeal reverses copyright infringement decision
…many legal commentators, particularly in respect of the Smith J’s finding of ‘substantial reproduction’. Copyright at first instance At first instance, Smith J found that: (1) the Lidl Mark…
Breaking news! The Executive Director asks the Grand Board if an appeal is required to allow conversion of a refused EUTM.
…in conjunction with Article 37(4) and (5) of EUTMDR n. 2018/625 (see at https://www.euipo.europa.eu/es/news/first-referral-of-questions-by-the-executive-director-to-the-grand-board-of-appeal ). The main issue regards the Board of Appeal (BOA) decision in ‘NIGHTWATCH’ case (R 1241/2020-4…
Trademark News: What you might have missed in March 2024
…Read the full story here Macedonia adopts CP5 Common Practice The State Office of Industrial Property of the Republic of North Macedonia (SOIP) has announced the implementation of the Common…