Top Level Judges on Top Level Domains
…applies to personal names and company names. The BGH (Bundesgerichtshof = German Federal Supreme Court) has held in a number of cases, that a person or a company has a…
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Parallel import – German court gives trademark owner the right to demand a specimen from parallel importer of medical devices
…the re-labelled product. In its detailed decision of 12 April 2016 on case I-20 U 48/15 the court held that medical devices were rather more comparable with pharmaceuticals than with…
UK: The Sky is the limit – Skyscape prevented from escaping infringement
…proposed DNI, which covered a very large number of combinations of signs and services, which would each have to be compared against the Cited Marks (which themselves have exhaustive specifications)…
Slovenian Courts Follow CJEU Rulings, but the Administrative Interim Injunction gets Lost in Transition
…they already had the intention to propose the Competition Protection Act to cease to be valid (competition provisions were moved to another law) and that interim administrative injunction would be…
USA: SunEarth, Inc. v. Sun Earth Solar Power Co., Ltd, United States Court of Appeals, Ninth Circuit, Nos. 13-17622, 24 May 2016
In a trademark infringement action brought by manufacturers and sellers of “SunEarth”-branded solar thermal collectors and related components against a China-based manufacturer of photovoltaic cells for large-scale utility companies, Sun…
UK series marks held to be compatible with EU law
…Trade Mark Act is compatible with EU law. In March the decision in the trade mark conflict between Comic Enterprises and Twentieth Century Fox was handed down in relation to…
Why is legal assessment vital even in the early stages of marketing?
…the General Court decided on 14 April 2016 that Henkell had failed to abide by the compulsion of genuine use of the mark “PICCOLO”. The Court held that the…
Denmark: When do you lose your trademark established through use?
…can be out of use before the right to the trademark ceases to exist. With the amendment of the Danish Trademark Act (hereafter “TMA”) in 1991 it became compulsory to…
The INTA Annual Meeting and a year in the life of a trademark practitioner
…Orlando, Florida, this year’s site of the Annual Meeting of the International Trademark Association. Surely the actual participants were many more, given the habit of many companies and law firms…