A store in Ljubljana (Slovenia) was selling genuine Levi’s® trademarked goods intended only for the US market. The store was buying the goods online in the USA by providing payment details of the owner’s American home address (he is a US citizen residing in SLO) and by having goods delivered to an address in the…
In a trademark infringement action brought by manufacturers and sellers of “SunEarth”-branded solar thermal collectors and related components against a China-based manufacturer of photovoltaic cells for large-scale utility companies, Sun Earth Solar Power Co., Ltd., and its U.S. affiliate, NBSolar USA, Inc. (collectively, “SESP”), a federal district court did not abuse its discretion by granting…
Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2016] EWCA Civ 455 On 25 May 2016, the Court of Appeal held that the series mark provision in the UK Trade Mark Act is compatible with EU law. In March the decision in the trade mark conflict between Comic Enterprises and Twentieth Century Fox was…
The General Court decided on 14 April 2016 (T-20/15) that the “PICCOLO” trademark of a German producer of sparkling wines had not been used in a right-preserving way. Just as in my last contribution, it is again a producer of beverages who is at the center of a trademark dispute. The German producer of…
As a follow up to the previous blog by Gorrissen Federspiel “Denmark: Trademark rights established through use” published 13 April 2016 we will now discuss for how long use of such a mark can be discontinued without the holder losing his right. From the 1958 report it is apparent that the trademark right established through…
The life of a trademark practitioner has three seasons – pre-INTA, INTA, and post-INTA. Similarly to Christmas, every year it appears that the pre-INTA season starts sooner and INTA arrives more quickly (even though this year it was later than in recent years!). The week of the INTA Annual Meeting itself, while incredibly busy, is…
The UK Intellectual Property Office recently published a paper setting out an updated strategy on IP enforcement issues up to 2020 (see https://www.gov.uk/government/publications/protecting-creativity-supporting-innovation-ip-enforcement-2020). Its scope is broad, encompassing illegal online content and counterfeiting activity in all its forms, and it also has a strong international component. There are six main areas of focus. Two of…
In a judgment of 12 November 2015, the Court annulled the Fourth Board of Appeal’s decision refusing to suspend opposition proceedings, even though the trademark applicant proved that it has filed for revocation of the Romanian mark held against registration of its mark – by the way the baby food mark ALETE, which is very…
From September 1, 2016 a specialised IP court will start to operate in Sweden as the current Swedish judicial system involving IP cases will undergo certain changes. The new IP court, named the Patent and Market Court, will handle most cases relating to intellectual property, marketing and competition in Sweden. Focusing on trademarks and brand…
In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its own motion (Decision of 22 April 2016 on Case 25 W(pat) 8/09). The International Registration (“IR”) depicted below was registered in December 2005 in Germany. In…
