Trade Marks and Stripes: Three’s Company, Two’s a Crowd
…This will have come as a surprise to many, following on from earlier decisions in Adidas’ favour re two-stripes (see Adidas v Fitnessworld (C-408/01) and Adidas v H&M & Ors…
…This will have come as a surprise to many, following on from earlier decisions in Adidas’ favour re two-stripes (see Adidas v Fitnessworld (C-408/01) and Adidas v H&M & Ors…
…to the ‘star’ ornament but comprised the shape as such. When the court compared the conflicting signs in terms of visual similarity, the only difference that was to be found…
The Alicante Appellate Court has confirmed that the use of lists comparing fragrances to well-known perfume brands is illegal. Comparison lists compare smell-alike perfumes with the respective high-priced original perfume…
…a V-shaped body and bearing Viacom’s “SpongeBob SquarePants” and Nickelodeon trademarks, the U.S. Court of Appeals in San Francisco has held (Gibson Brands, Inc. v. Viacom International, Inc., February 19,…
…sustained that same practices constituted trademark infringement, unfair competition and illicit comparative advertising. The IP Court mainly rejected the argument of trademark infringement, as it sustained the idea that the…
…EU recognise each other’s decisions as if they were their own. If the courts of each member state would retry every decision coming out of another member state to check…
…issue, and whether they are in competition with each other or are complementary. However, common source or trade channels are indeed the most market-oriented and therefore important criteria. It is…
…only necessary if it is practically the only means of providing the public with comprehensible and complete information on that intended purpose and if the indication of the third party…
In December 2015 the Danish Maritime and Commercial High Court granted a preliminary injunction against citations and the use of metatags in a remarkable case between Karnov (Thomson Publishing) and…
…These rules were published in a Communication from the President of OHIM (see Communication No. 1/2016 of 8 February 2016). The new Article 28 was published in final form two…