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Carolina Pina  (Garrigues)
“TORO vs. BADTORO”: Head to head in a Spanish bullfight
February 08, 2017

The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark "Toro" (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark "…

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Ulrich Hildebrandt  (Hildebrandt.)
Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz)
February 07, 2017

On 3. February 2017 the German Federal Ministry of Justice and Consumer Protection presented a draft of an act to implement Directive (EU) 2015/2436 of the European Parliament and of the Council to…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc, United States Court of Appeals, Eleventh Circuit, No. 15-15060, 18 January 2017
January 26, 2017

Kim, Kourtney, and Khloe Kardashian could not force the arbitration of trademark infringement claims that Kroma Makeup EU had brought against them, the U.S. Court of Appeals in Atlanta has ruled. The…

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Verena von Bomhard  (BomhardIP)
GOLDEN BALLS are true to their name – they’re back before the General Court
January 25, 2017

The GOLDEN BALLS saga continues: after losing in the last round before the Board of Appeal of the EUIPO, Golden Balls Limited has once again taken its case (or cause?) to the General Court in…

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Julius Stobbs  (Stobbs IP)
Brexit: Safety engaged on Art.50 trigger
January 24, 2017

This morning at roughly 09:30 am the UK’s Supreme Court handed down their decision relating to whether Theresa May, the British Prime Minster, is constitutionally authorised to trigger art. 50. At…

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Julius Stobbs  (Stobbs IP)
Proud Winner of the 2016 Kluwer Trademark Blog Christmas Quiz: Thomas Hooper, Baker & McKenzie, London
January 24, 2017

  Thomas Hooper, Baker & McKenzie, London Congratulations Thomas! Of all those who took the quiz, you got the highest number of correct answers! Your prize is the recently published 2nd…

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Katharina Schmid  (schmid-ip)
Lawyers acting as strawmen to clear out the deadwood from the Austrian trademark register
January 18, 2017

When doing clearing searches for new trademarks, companies often find themselves facing one or several old trademark registrations that are subject to the use requirement and apparently not in use.…

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Julius Stobbs  (Stobbs IP)
Brexit: Pulling the (art.50) trigger
January 16, 2017

Of all the political upheavals seen during 2016, we in Britain are quietly smug that ours has the best name. A notable mention going, of course, to the winners of best hair: the United States. Stobbs…

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Julius Stobbs  (Stobbs IP)
UK: Court of Appeal Sees Grey Goods as being Black and White
January 13, 2017

The UK Court of Appeal’s (Criminal Division) (CoA) judgment in R v C & Ors [2016] EWCA Crim 1617 provides a positive result for brand owners tackling the thorny issue of grey goods.  Here, the…

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Mark Schweizer  (Meyerlustenberger Lachenal)
The Body Shop versus TheFaceShop – a close shave
January 12, 2017

Korean company THEFACESHOP Co., LTD, Seoul, Korea, registered the mark TheFaceShop (see Fig.1) claiming protection for cosmetics, perfumes and related products and retail trade therewith in March…

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