CJEU 16 July 2015, C-681/13, Diageo Brands/Simiramida available here Law can be strange and European law even stranger. The CJEU decision in this case reads as another fantasy novel where European exhaustion has become worldwide and an infringement a perfectly permissible act. All this because the overall principle of mutual trust in the administration of…
On 18 February 2016, the General Court issued its decision in the HARRY’S BAR case (T-711/13 and T-716-13), where, adopting a rather broad brush approach, it held that food and beverage products were similar – at least to a certain degree – to services of provision of food and drink in class 43. Harry’s New…
The Austrian Supreme Court (short “the Court”) recently ruled that a provider of maintenance and repair services for cars of all brands (short “garage”), including Mazda cars, where that service provider is in no business relationship with the brand owner, may not use figurative marks to indicate its services, but only the word mark (decision…
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 Schultz – two providers of online databases of Danish case law. The case is an example of how metatags used together with citations of case…
OHIM recently published procedural rules surrounding the important issue of the scope of CTM specifications of goods and services. These follow on from the new provisions of Article 28 EUTMR and trace back to the IP Translator decision. The new rules come in to effect on 23 March 2016 as part of a raft of…
The CJEU in its decision of 4 February 2016 in the ARKTIS case (C-163/15) followed the opinion of Advocate General Wathelet and confirmed that recordal of a license is not a necessary condition for the licensee to be able to bring an infringement action based on a CTM. In our last post (here) we commented…
The Higher District Court of Cologne held in preliminary injunction proceedings that use of a distinctive trademark on amazon.de for displaying other comparable products not originating from the trademark owner may be a trademark infringement (decision of 20 November 2015 on Case 6 U 40/15). The case concerned a practice of Amazon on its German…
The Swedish Court of Patent Appeals invalidated the registration of BERGLÖFSLÅDAN and BERGLÖFSLÅDAN ORIGINAL (in English the “BERGLOF BOX”) based on bad faith because of the trademark proprietor’s knowledge of the common use of these terms by other parties in Sweden. The case concerns the Swedish trademark registrations BERGLÖFSLÅDAN and BERGLÖFSLÅDAN ORIGINAL (in English the “BERGLOF…
The U.S. Court of Appeals in Atlanta affirmed a district court’s finding that Vito Antonio Laera violated a contempt order issued in a previous trademark infringement dispute with Blanco GmbH + Co. KG (Blanco GmbH + Co. KG v. Vlanco Industries, LLC, February 4, 2016, per curiam). A full summary of this case has been…
Whether use of a trade mark in just one Member State is sufficient or not to support the validity of a CTM is an issue practitioners and Courts have struggled with since the CTM system began. The issue was addressed by the CJEU in their decision in ONEL back in 2012. Yet MINT, one of the first UK IPO…
