Case law, United States

, (Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

The U.S. Court of Appeals in New York City has affirmed a district court’s decision that Macy’s Merchandising Group’s MAISON JULES line of women’s clothing—a private brand sold almost exclusively in Macy’s stores—did not infringe the trademark JOULES, owned by clothing retailer Joules Limited. Consumer confusion between the parties’ marks was not likely. Although the…

Case law, Germany

(Löffel Abrar )/ /Leave a comment

The Cologne Higher Regional Court was asked to decide on an alleged infringement of German unfair competition law by the look of a trade dress of tea drinks bottles. In summary, the court rejected the claim since the bottles of the parties showed different product and manufacturer names (judgment of 28 April 2017, Case 6…

Trademark

(De Simone & Partners S.P.A.) and (Bugnion S.p.A)/ /Leave a comment

With decision C-617/15, (Hummel Holdings A/S v Nike Inc., Nike Retail BV) the Court of Justice (CJ) has defined the concept of “establishment” under article 97 of EUTMR (now art. 125 Regulation 2017/1001). According to article 98 (now art. 126) EUTMR, pan-European injunction can be granted if the Court seized has, according to art. 97 the…

Domain name, Trademark

(PETOSEVIC)/ /Leave a comment

Just as with any other violation of law, domain name and trademark squatting will be discouraged or encouraged depending on the efficiency of legal protection given to legitimate IP rights holders. When legal remedies are not available or are not effective, bad faith trademark and domain name applications will increase substantially, prompting legitimate right holders…

European Union, Infringement action, National law, National marks, Sweden, Trademark

(Cirio Law Firm)/ /Leave a comment

On 17 May 2017, the Swedish Patent and Market Court (the “PMD”) decided a case whereby it held that Nestlé’s expansion of its cat food brand “PURINA felix” into Sweden infringed the reputed Swedish foodstuff trademark FELIX, and that the fact that PURINA felix was previously used and enjoyed recognition in another EU country did not…

Company names, Domain name, EUTM, Genuine use, Level of similarity of marks, Names, National marks, Opposition, The Netherlands, Trademark

(NLO Shieldmark)/ /Leave a comment

In a decision of a Dutch District Court earlier this year[1], the American fast-food chain Wendy’s suffered a loss against a local Dutch snack restaurant, which bears the name WENDY’S. The trademark registration owned by the same snack restaurant blocks the American chain to enter the market. Although this case has similarities with the story…

Trademark

( Trevisan & Cuonzo) and (Trevisan & Cuonzo)/ /Leave a comment

Following the Court of Justice decision that “saved” the 2002 EU LAMBRETTA trademark from a decision of partial revocation for non-use rendered by the EUIPO Opposition Division[1], on 28 March 2017, the Italian Supreme Court ordered the revocation for non-use of three LAMBRETTA trademarks registered before the Italian Trademark Office in 1948, 1968 and 1969…

Article 8(4) EUTMR, Opposition, Trade name

(BomhardIP)/ /Leave a comment

On 5 April 2017, the Court of Justice handed down its judgment in the EUIPO vs. Gilbert Szajner matter (C‑598/14 P), also known as LAGUIOLE – the EUTM that was at issue. The case concerns an opposition based on the French business name Forge de Laguiole. The use and, in principle, protection of the business name…

Case law, United States

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

A federal district court did not err in awarding a preliminary injunction to Kourtney, Kim, and Khloe Kardashian and their companies—2Die4Kourt, Kimsaprincess Inc., and Khlomoney Inc.—that barred Hillair Capital Management and four related individuals and entities from using the Kardashians’ trademarks, the U.S. Court of Appeals in San Francisco has ruled. The preliminary injunction was…