With decision C-783/18 P of 12 December 2019, the CJEU upheld the GC decision (Case T 313/17) that a three-dimensional trademark consisting of a shape of an amphora was distinctive enough to be…
On 30 January 2020, the General Court of the European Union confirmed the Board of Appeal’s decision rejecting the opposition brought by Julius Sämann against the EUTM application for…
On 16 December 2019, the Swedish Patent- and Market Court delivered a judgment on the registration of the company name GDL AB, reversing a long-standing practice of the Swedish Companies Registration…
An exclusive licensee that did not own the mark outright when the suit began lacked standing to sue for infringement.
An exclusive licensee of a trademark when a trademark infringement suit began—…
By judgment of 19 December 2019, T-690/18, the General Court delivered the second victory to Sony over EUIPO in the same case concerning its EUTM “VITA” and registration thereof for a…
Many trade mark owners will rejoice in CJEU’s decision in Skykick this week as the CJEU ruled that overly broad specifications will not automatically render a registered mark invalid and that the…
Facts
The plaintiff provides orthodontal treatment under his trade name Polzar. The defendant runs a network of orthodontists which assists them in marketing their services.
The defendant had placed…
Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing.
Sports Group had registered…
The CJEU quite often agrees with its General Court, so when it does not it’s always interesting to see why. In the GC’s judgment (T-253/17, - here previously commented) the GC had considered…
