On June 14, 2017, the Commission opened investigations against Nike, Universal Studios and Sanrio (“Hello Kitty”) for their distribution and licensing practices. The Commission suspects that the companies are containing online and cross-border sales by their dealers and licensees and thereby violate EU Competition law. These are probably the most prominent investigations into the distribution…
In Copenhagen around one third of the workforce bike to work. That amounts to more than one million kilometers being pedaled every day. Next to the Dutch the Danes are the population in Europe that bike the most. For this reason it is only natural that conflicts should arise in Denmark between owners of trademarks…
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…
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…
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…
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…
Nestlé was last month dealt another blow in its relentless bid to register the 3D shape of its famous four-fingered bar. The Court of Appeal (CoA) of England & Wales last month upheld the High Court’s earlier decision, rejecting the four bar Kit Kat. The background to the case can be found here, but the…
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…
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…
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…
