In a recent decision (Cartier International AGand others (Respondents) v British Telecommunications Plc and another(Appellants) [2018] UKSC 28), the UK Supreme Court has ruled that brand owners must…
The wordings of Article 7(1)(f) EUTMR (for ease of reference: ‘trade marks which is contry to public policy or to accepted principles of moral’) and the Danish equivalent – Section 14(1)(1) of the…
The Fourth Board of Appeal (BoA) of the EUIPO has once again been told off by the General Court (GC). In its decision of 6 June 2018 (case T-803/16), the GC decided that the BoA was not competent to…
The General Court annulled a decision by the Second Board of Appeal of EUIPO, based on an insufficient (or, rather, inexistent) assessment of the reputation claimed by the opponent (GC, 1 June 2018,…
CJEU, 30 May 2018, C-85/16 P, C-86/16 P - Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE]
The fame of the fashion brand KENZO is such that it can be held against the registration of…
In a judgement of April 2018, the Regional Court of Hamburg has ruled on the use of original advertising material by non-authorized dealers and on how trademark law can bypass copyright law (…
Student Union Lettings Limited v Essex Student Lets Limited [2018] EWHC 419 (IPEC)
The UK Intellectual Enterprise Court has ruled that Essex Student Lets Limited, a student…
Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761
The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of…
The federal district court in Los Angeles did not err in dismissing trademark infringement, dilution, and related claims brought by Ketab Corporation—a telephone directory and marketing services to…
In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional…
