In a decision of June 15, 2016 the Swedish Court of Patent Appeals rejected the application for the word mark “007” in relation to tobacco and smoker’s articles on the basis that it would take unfair…
In one of its latest decisions (I ZR 50/14 of November 5, 2015 - ConText) the Bundesgerichtshof (Federal Court of Justice) has ruled that the forfeiture of a claim requesting injunction relief due…
Last month saw an interesting case before the UK High Court in relation to a counterclaim to trade mark infringement for a declaration that the EUTM in question was invalid as the registration was…
On July 05, 2016, the General Court confirmed the decisions of the invalidity department and the Boards of Appeal of the EUIPO and decided that the EU word mark "NEUSCHWANSTEIN", registered by the…
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…
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…
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…
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…
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…
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…
