Chiquita Brands queens it over Red Queen – General Court, 29 May 2024, T-79/23 The General Court (GC) has annulled another Board of Appeal decision. That in itself is worth reporting as this happens in only about 15% of cases. The Court held that, contrary to the Board’s decision, and despite both marks covering identical…
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 also started to produce jeans under the name Diesel (hereafter referred to as Diesel Ireland). When Diesel Italy applied to register a word and a…
The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied for registration of the following sign as an EU trademark for cosmetic products (class 3), cosmetic utensils (class 21), corresponding retail services (class 35) and beauty…
UEFA, governing body of European football (a role that came into spotlight in the recent Super League case, not an IP case, see C-333/21), is slowly turning their attention to 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,…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Australia implements Madrid Goods and Services list With effect from 26 March 2024 the Intellectual Property Office of Australia (IP Australia) transitioned from the current Trade Marks Goods and…
In the third (and final) of our blogs reporting on the UK Court of Appeal decision in Lidl v Tesco, we examine the findings in relation to non-use revocation. At first instance, the judge found that certain trade mark registrations filed by Lidl in 1995, 2002, 2005 and 2007 for its ‘logo without text’ (the…
A few days ago, we reported that the Executive Director (ED) of the EUIPO had referred questions to the Grand Board of Appeal (see here) . The full referral has now been published (see here) so that stakeholders can present observations to the Grand Board under Article 37(6) EUTMDR. The referral regards the decision by…
This is the second of three blogs examining the recent UK Court of Appeal decision in Lidl v Tesco[1]. As reported in our first blog, the Court of Appeal upheld the High Court’s finding of trade mark infringement and passing off by Tesco in respect of Tesco’s use of a blue and yellow sign for…
On April 2nd, the EUIPO has publicly announced the first referral by the Executive Director to the Grand Board of Appeal pursuant to Article 159(4)(l) of the EUTMR n. 2017/1001 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…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Belize’s trademark data now available on TMview With effect from 26 February 2024, the Belize Intellectual Property Office (BELIPO) made its trade mark data available via TMview, an online…
