With decision of 15.10.2018 on case T-7/17, the General Court (GC) has clarified an important factor for applicability of Article 8(3) EUTMR, on the prohibition for registration of a trademark filed by an agent or a representative of the trademark owner. However, as the GC’s decision has been appealed (C-809/18 P), we will have to…
The Royal Decree-Law (link) implementing the European Trade Marks Directive 2015/2436 was published in the Official State Gazette on December 27. The main part of this legislation amending the Spanish Trade Mark Law will come into force on January 14, 2019. The main points to be highlighted are as follows: Competence of the Spanish Patent…
Not for the first time this year, have we seen the granting of copyright protection on a project of interior furnishing. Following the Court of Milan’s ruling which recognised copyright protection of Kiko’s concept stores, the Court of Venice was also called to pronounce – in the context of an interim proceedings – on the…
The Hungarian Parliament passed Act LXVII of 2018 (the ‘Amending Act), which is bringing about the most fundamental changes to trademark law since Hungary’s accession to the EU. The amendments will enter into force as of 1 January 2019. In a historical contect, Act XI of 1997 on Trademarks and Geographical Indications established modern trademark…
The International Trade Commission (ITC) erred when it reassessed the sufficiency of Laerdal Medical Corp.’s trade dress claims against defaulting respondents after instituting an investigation of the claims, the U.S. Court of Appeals for the Federal Circuit has held. Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. §1337, unambiguously requires the…
On 1 January 2019, the amendments to the Swedish Trademark Act enter into force. In many aspects, the implementation is straightforward and what anyone familiar with EU trademark law would expect. This includes the removal of the requirement for graphical representation, the possibility for the applicant to require an opponent to prove use of an…
The Sofia City Court, Commercial Division reached a landmark decision on November 15, 2018, when it issued a judgement holding that the company REZON Ltd., which manages and operates the on-line marketplace <bazar.bg>, violated the rights of the trademark owner PHILIPP PLEIN. The breach occurred through the use of these trademarks in the commercial activity…
For purposes of the Lanham Act’s fee-shifting provision, “exceptional” cases are those that stand out from others in the manner set forth for Patent Act fee awards in the Supreme Court’s holding in Octane Fitness, the U.S. Court of Appeals in New York City has held, joining several other circuit courts. The Second Circuit vacated…
In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio, 378 U.S. 184 (1964)). The CJEU, in case C‑310/17, delivered a decision on copyright which in a way confirms this aphorism and…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our IP law blogs. Here are the top posts from September, October and November. Top 3 Kluwer Copyright…
