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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Phoenix Entertainment Partners, LLC v. Rumsey, United States Court of Appeals, Seventh Circuit, No. 15-2844, 21 July 2016
July 29, 2016

Slep-Tone Entertainment Corp. and its successor in interest, Phoenix Entertainment Partners LLC (collectively, "Slep-Tone"), failed to plausibly allege consumer confusion in its trademark…

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Julia Holden  ( Trevisan & Cuonzo)
Personal Name Rights and Professional Fairness: The Italian Supreme Court on the Fiorucci Case
July 26, 2016

 According to a recent decision of the Italian Supreme Court, it is no longer possible for an original name ‘proprietor’ to use his or her  personal name as a distinctive sign once it has been…

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Bartosz Krakowiak  (POLSERVICE)
The EU Commission publishes its guidelines on counterfeit goods in transit
July 19, 2016

On July 5, 2016 the EU Commission published its “notice on the customs enforcement of Intellectual Property Rights concerning goods brought into the customs territory of the Union without being…

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Katharina Schmid  (schmid-ip)
Priority conflicts between trade names and trademarks in Austria: Defence of prior trade name in trademark cancellation actions
July 15, 2016

Company A has rights to the tradename “IST” since 2003, and an Austrian trademark “iST” (fig), with a priority of 2011. Company B also has rights to the trade name “IST”, since 2009. Can Company A…

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João Leitão Figueiredo  (CMS)
Exhaustion of the rights conferred by a trade mark: Exceptions
July 14, 2016

The legal concept of exhaustion of the rights conferred by a trade mark was transposed to the Portuguese Industrial Property Code following the approval of Directive 89/104/CEE of 21.12.88. The…

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João Leitão Figueiredo  (CMS)
Trade mark Parody: a trade mark infringement?
July 13, 2016

Parody, in its utmost simplistic notion, has been an integral part of society and social relationships. The southern European countries, such as Portugal, have long embraced the notion of parody and…

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Michal Havlik  (Havlik Svorcik & Partners)
Czechia : Acquiescence causes rejection of trademark owner’s claim for recovery of domain name
July 08, 2016

The facts of the case litigated between Gulf Oil Benelux and Milan Vondal before the Prague High Courts prima facie appear to be a typical scenario of a domain name dispute. Yet, the owner of an…

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Julius Stobbs  (Stobbs IP)
Brexit: where next for EUTMs?
July 07, 2016

 All conversation (about trade marks at least) in the UK relates to Brexit at the moment. A lot has been written when in all honesty there is very little to say. Verena’s post on 28th June is…

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Lasse Skaarup Christensen  (Gorrissen Federspiel) , Louise Thorning Ahle  (Zacco Advokatanpartsselskab)
Denmark: Do you envy the power of ENVIPOWER AS? - how close can you go?
July 07, 2016

A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO…

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Verena von Bomhard  (BomhardIP)
BREXIT and Impact on EU trademarks and design rights
June 28, 2016

 Early in the morning of the 24 June 2016 it was announced that, by a slim majority of 51.9% to 48.1% of the participating voters, the decision had been taken for the UK to leave the EU. While…

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