‘Dormant trademarks’ are unused trademarks which remain on the register until the competent authority declares them revoked (this denomination comes from Verena von Bomhard’s article ‘Dormant Trademarks in the European Union – Swords of Damocles?’, The Trademark Reporter, Vol. 96 September-October, 2006 No. 5). Under current Hungarian rules these dormant trademarks can cause trouble if…
The Swedish company producing high quality beds Hästens Sängar AB (hereafter “Hästens”) has in several jurisdictions (DK, EU, US, SE, NO, CH, FI, ES etc.) applied for the mark (hereafter “the figurative mark”) or variations thereof. Recently, in T-359/12 (C-363/15) Louis Vuitton Malletier’s mark was refused by the Court. For this reason it was evident…
The UK Supreme Court has recently published its decision on a question about whether the sale of so-called ‘grey goods’ can give rise to criminal liability. We covered the previous Court of Appeal decision here. The Supreme Court has now confirmed the Court of Appeal’s previous decision – the sale of grey goods can give rise…
“All I know about you is that you drive a Testarossa and you live on a boat”, Christine von Marburg (Melanie Griffith) once said to Sonny Crockett (Don Johnson) in one of the popular TV-series of the 80s: Miami Vice. Testarossa is the name of one of Ferrari’s cars. So far the history. On August…
In our latest post we explored the numerous benefits of the registered design under Danish law. By contrast, this post will cover the possibilities of enforcement with regard to products not protected as neither a registered nor an unregistered community design. Although the registered community design includes substantial advantages, the proprietor of an unprotected design…
In the recent decision W.F. Gözze Frottierweberei Gmbh, Wolfgang Gözze GmbH v Verein Bremer Baumwollbörse, case C-689/15, the European Court of Justice (ECJ) analyzes an issue which the EUTMR rules do not clearly resolve, i.e. whether or not a licensed EUTM registration may be invalidated if the owner fails to carry out quality controls on licensee/licensees’ products. The dispute arose between a German cotton textiles industry association (the…
In a case earlier this spring, the Swedish Patent and Market Court dismissed an infringement action based on the reputed mark SOFIERO in relation to beers against SOFIERO KAFFEROSTERI used for coffee. The court concluded that coffee beans and ground coffee are dissimilar to beer and that the relevant consumer is not likely to find…
Lord Neuberger, or Baron Neuberger of Abbotsbury to his friends, has taken aim at the need for clarity around legal precedent in the post-Brexit landscape. Having spent decades on the front line of statutory application and legal interpretation, Lord Neuberger seems well placed to comment on the legal ramifications of removing the CJEU as…
In mid-July the Russian Supreme Court released an interesting decision in the dispute between one of the largest and most recognized non-profit organizations against a copycat suspected of raising money from confused donors all over the country. The judges decided in favor of the plaintiff despite the fact that it did not possess a trademark…
