Recent posts have examined the UK courts’ approach to IP law post-Brexit, and have examined decisions handed down shortly before the coming into force of REULA on 1 January 2024 (the UK legislation marking the end of the supremacy of EU law in the UK). A further Court of Appeal decision from the end of…
On 13 March 2024, the General Court (3rd and 7th Chamber) issued two judgments dealing with weak marks in the sense the most trademark practitioners applaud, namely granting descriptive elements in trademarks only a minimal scope of protection. In both cases, this led to the GC confirming the decisions of the Fifth Board of Appeal…
The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle with the Czech based online retailer Notino, a major European player in online sales of perfumery and cosmetics. The good news for…
At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end to the principle of supremacy of EU law in the UK), the UK Court of Appeal departed from CJEU…
The Swiss Federal Supreme Court decided that the customisation of branded items on behalf of the watch-owner does not violate trademark law In its Judgement of 19 January 2024, the Swiss Federal Supreme Court followed German case law in the area of the customisation of branded products on request of the product’s owner and held…
The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two blogs looking at REULA, and at the UK Courts’ approach to EU law following the UK’s departure from the…
On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21 Harman International Industries, C-224/20 Merck Sharp & Dohme, and C‑204/20 Bayer Intellectual Property). The Polish IP Court had referred questions to the…
A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language word could not invoke the First Amendment to protect it against a trademark claim against the owner of that mark—even…
All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Assignment Center replaces EPAS and ETAS The United States Patent and Trademark Office (USPTO) announced the replacement of the Electronic Patent Assignment System (EPAS) and Electronic Trademark Assignment System…
Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision of 23 January 2024 in Case I ZR 205/22). The detailed questions which the Court will have to answer are: …
