Apples and Pears
…It held that the finding of several commonalities on a visual level was incorrect. Indeed, the only commonalities are the presence of black colour and the similar positioning of the…
…It held that the finding of several commonalities on a visual level was incorrect. Indeed, the only commonalities are the presence of black colour and the similar positioning of the…
…EU AFA (i.e. have EU-wide applicability) or can be limited to a particular member state (or states). The European Commission issued some guidance on this in June 2018. This Notice…
…by a stylized apple (1) coloured in monochromatic black (2) with a semicircle semi-circular recess on the right side (3), and a leaf. The opposed trademark, in comparison, features the…
Express Oil Change’s use of the phrase “Tire Engineers” in its Mississippi centers was protected commercial speech. Case date: 19 February 2019 Case number: No. 18-60144 Court: United States Court…
…In particular, the plaintiff relied on the earlier judgment of 8 February 1994 in the case of M/s Surya Roshini Ltd. v. M/s Electronic Sound Components Co., where the Delhi…
…and distributor of the faience set, the Danish porcelain company Royal Copenhagen (owned by the Finnish company Fiskars), claimed to be the rightful owners of the trademark rights to the…
…to the BOA, consumers would only consider the mark as an indicator of the manufacturer’s heightened sensitivity to ecology and not a reference to the commercial origin of the products….
…to distinguish themselves from other businesses within the same line of business, e.g. a hairdresser in Copenhagen and a hairdresser in Aarhus. This historical use of geographical names in combination…
…enforcing their rights, particularly in complaints about domain names before the World Intellectual Property Office (WIPO) under its Uniform Dispute Resolution Policy (UDRP). The UDRP requires that 1) the complainant…
…see a 3D mark as an indication of commercial origin, it is difficult to establish distinctiveness in such marks. Nor was there any indication that these marks have acquired enhanced…