Trademark case: Bad Elf, LLC v. Flex Ltd., USA
If the third-party marks and opposer’s marks are identical, the opposer’s marks and the applicant’s marks are compared to see if they are identical or non-identical for identical goods or…
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Brothers in arms. The EUIPO defends its Board of Appeals’ jurisdiction (and its own) and the CJEU allows an(other) appeal to proceed.
…which is inherent to the BoA” (cf §24 of the order in case C-93/23). More in particular EUIPO argued that the GC infringed Article 72(3) EUTMR (which concerns the competences…
Trademark News: What you might have missed in September 2023
…and Tobago Read the full story here Madrid Protocol fees revised for European Union Pursuant to the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the…
Trademark case: PIM Brands Inc. v. Haribo of America Inc., USA
…candies colored to resemble a slice of watermelon. The court determined that the combination of color and shape effectively communicates to consumers that the candy is watermelon-flavored and, as such,…
The Interplay Between Protecting Reputed Trademarks and Promoting Public Interest
…this special protection acts to remove disincentives related to reservations the companies may have in pursuing activities that are not only beneficial for their reputation, but also for the common…
“An Apple is not an Apple”, at least according to the Swiss Federal Administrative Court…
…three-dimensional trademark was qualified as a famous trademark ( https://trademarkblog.kluweriplaw.com/2022/09/30/swiss-federal-supreme-court-confirms-trademark-protection-for-the-lindt-gold-bunny/ ). Consequently, however, the extended scope of protection should actually also be taken into account in the decision on likelihood…
Your Art, My Business?
…consumers would perceive the marks as a mere reference to artistic works (whether or not their authors were well-known) and not an indication of commercial origin and refused them for…
CJEU rules on the procedural autonomy of national courts acting as EU trade mark courts
…marks. Jurisdiction to declare an EU trade mark invalid or to revoke an EU trade mark, however, is shared (para. 51). Comment The CJEU held that an application for a…
Trademark News: What you might have missed in August 2023
…for New Zealand Based on the provisions of the Common Regulations under the Madrid Agreement and Protocol Concerning the International Registration of Marks, the Director General of the World Intellectual…
cosmetic trademarks, Distinctiveness, Exhaustion of rights, Grey online sales, India, Infringement, INTA
India: Commercial sale of perfume testers amounts to unfair trade practice under Indian Trademark law
…fragrance before deciding to purchase the bottle and that such testers were not meant to be sold for commercial value, selling perfume testers for commercial value fell in the category…