“Champím” vs “Champagne”, little brother wins the battle.
…product are deemed to be acts of unfair competition pursuant to Spanish regulations. The Commercial Court of Granada upheld almost all the claims of the Comité de Champagne declaring that…
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Case law, Community Trademark, Figurative mark, Infringement action, Lack of distinctiveness, Registrability, Sweden
Sweden: UK company found guilty of EUTM infringement of famous Swedish pattern
In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt Tenn’) figurative…
Denmark: Trademark right established through use
…the Danish Trademark Act (TMA) in 1991 it became compulsory to use a registered trademark within five years from the date of registration, cf. Section 25 TMA. However, it is…
High Court Grants Blocking Injunction
…MONTBLANC. In coming to his decision, Justice Hacon stated that the court had jurisdiction in the present application for an injunction following the reasoning by Arnold J in Cartier 1….
POLAND: From letters of consent to abandonment of the ex officio examination of relative grounds
…peacefully co-existing market operators and adversely affected the competitiveness with the CTM (now EUTM) registration system. After the recent amendments to the Polish IP Law, the PPO will no longer…
Austria: Reseller’s duty to provide information on the origin and distribution networks also applies to cases of illegal parallel imports – but the exception proves the rule
…plaintiff’s original perfumes in Austria outside plaintiff’s distribution system. Defendant was not able to prove that such original perfumes had been put on the market in the Community under plaintiff’s…
Do you need a banking licence to own a trademark containing word „bank“?
…that deceptiveness must be construed in an uniform manner under Directive 2005/29/EC unfair business-to-consumer commercial practices as misleading communication to convince a consumer that is likely to cause him or…
Germany: Costs in Trademark Opposition Proceedings
…unregistered company name right was without merits, as the level of distinctiveness required for unregistered company name rights was lower than for trademarks. In addition, unregistered company name rights are…
EPICUREAN LOUNGE Found To Be Distinctive (Even For English Speaking Hedonists)
A lifestyle and hospitality company well known for its luxurious beach clubs and hotels, has recently succeeded in registering EPICUREAN LOUNGE word mark in the European Union. While the OHIM…
USA: Pronman v. Styles, United States Court of Appeals, Eleventh Circuit, No. 15-12651, 9 March 2016
The federal district court in West Palm Beach, Florida, did not commit reversible error in granting the operators of a complaint website, Brian Styles and Samantha Styles, summary judgment on…