Obtaining the status of a well-known trademark in Russia enables a right holder to prohibit any third parties from the unauthorized use of similar marks for whatever goods and services without any…
Registering and using a trade mark representing an animal is a common practice in the clothing industry. Consequently, proprietors often oppose younger signs which show the same animal. We can for…
The German Federal Supreme Court today once more decided on cancellation claims against German trademark registrations for square-shaped packaging for chocolate products (Decision of 23…
Further to Estelle Derclaye’s Kluwer Blog Post, a copy of which can be found here, we take a look at the practical consequences for manufacturers of the recent request for a preliminary ruling from…
Since 1 April 2020 most cancellation actions in France have become administrative proceedings and must be filed with the French trade mark office (“Institut National de la Propriété Industrielle”).…
While it is appropriate for a district court to adopt the findings of fact of a magistrate judge’s report and recommendations when deciding a motion for a preliminary injunction, it cannot do so when…
In our previous post, we discussed the issue of terms that are descriptive in English but still lead to likelihood of confusion on an EU level, given the General Court’s belief that " …if the word is…
On 2 July 2020, the Court of Justice of the European Union (“CJEU”) handed down another decision which interprets the mercurial concept of ‘trade mark use’. Case C-684/19 - mk advokaten is a…
Yesterday, 2 July 2020, the European Commission announced that it will refer Romania to the CJEU for not implementing the Trade Mark Directive (Directive (EU) 2015/2436) – see here.
While the…
Parties and Mark
The defendant is an Amazon entity. It is responsible for Amazon’s keyword advertising on Google Ads (formerly Adwords). The plaintiff is the exclusive licensee of the trademark BOSS…
