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Carolina Pina  (Garrigues)
SMELL-ALIKE PERFUMES ARE BACK ON TRACK: THE “WRITING THE NAME OF YOUR FAVORITE PERFUME” STRATEGY, IS STILL UNLAWFUL
July 25, 2017

The Alicante Court of Appeal has concluded that the use of comparison lists in the marketing of smell-alike perfumes constitutes an unlawful form of comparative advertising, even when it is the…

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Manon Rieger-Jansen  (Bird & Bird)
Can a TM symbol mislead the public if no trademark has been registered?
July 24, 2017

That is the question that was recently answered by the Board of Appeal of the Dutch Advertising Code Authority. The TM symbol stands for "trademark" and is traditionally used for unregistered…

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Verena von Bomhard  (BomhardIP)
Chanel’s logo and interlocking 3s (or Ss) – same overall impression?
July 21, 2017

  On 18 July 2017, the General Court held that the two designs shown here produced the same overall impression (case T-57/16; not yet available in English). The EUIPO – both first and second…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
iMessage managed to acquire distinctiveness
July 21, 2017

The Federal Administrative Court partially overturned a decision of the Swiss Federal Institute of Intellectual Property (IGE) refusing protection for Apple’s word mark “iMessage” for…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Denmark: These boots are made for… the registered community design - an argument in favour of the registered community design
July 12, 2017

This blog will explore potential disadvantages of failing to utilise the registered community design (hereafter RCD) in a Danish context with a particular emphasis on cheap imitations of luxury…

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Julius Stobbs  (Stobbs IP)
Brexit: Way forward no clearer following UK general election
July 10, 2017

With perhaps more of a gentle fizz than a bang, the Brexit negotiations finally got underway towards the end of last month. One might be forgiven for having missed this development, given the…

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Kai Schmidt-Hern  (Lubberger Lehment )
Brand Owners and the Commission E-Commerce Inquiry
July 08, 2017

  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…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Denmark: In-fight between CHRISTIANIA BIKES and CHRISTIANIA CYKLER
July 07, 2017

  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…

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Thomas Long , Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Joules Limited v. Macy’s Merchandising Group Inc, United States Court of Appeals, Second Circuit, No. 16-3037-cv, 21 June 2017
July 03, 2017

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…

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Sascha Abrar  (Löffel Abrar )
Germany: No protection for a range of tea drinks bottles in lookalike case
June 29, 2017

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…

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