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João Paulo Mioludo  (CMS Rui Pena & Arnaut)
Portugal: Recent Decision of Appeal Court on “misleading trademarks”
March 16, 2016

The Lisbon Court of Appeal has recently confirmed a decision – debatable, as we will further develop - from the IP Court. In this matter, a wine company owns a trademark “QUINTA DE PANCAS”, which…

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João Paulo Mioludo  (CMS Rui Pena & Arnaut)
Portuguese Supreme Court clarifies status period for annulment
March 16, 2016

Throughout the years the correct interpretation of article 266, paragraph 4, of the Portuguese Industrial Property Code (PIPC) was unclear. This provision states that annulment actions must be filed…

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David Leffler  (Cirio Law Firm)
Sweden: First judgment on reputation following CJEU’s IMPULSE-judgment
March 10, 2016

On March 3, the Swedish Court of Patent Appeals (‘PBR’) delivered a judgment on the effect of a reputed EUTM in a single member state. PBR held that even if the EUTM ‘SKY’ et al were extensively used…

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Jody Coultas  (CCH)
USA: JBLU, Inc. v. United States, United States Court of Appeals, Federal Circuit, No. 2015-1509, 2 March 2016
March 10, 2016

The U.S. Court of Appeals for the Federal Circuit reversed a trial court’s ruling that JBLU, Inc. violated the Tariff Act of 1930 by importing jeans that were not properly marked with their country…

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Charles Gielen  (NautaDutilh)
Court of Appeal - The Hague: confusing similarity between the device mark of Lacoste and the word mark EAU CROCO
March 09, 2016

In a recent decision, the Court of Appeal of The Hague concluded that there is a confusing similarity between Lacoste's device mark consisting of a picture of a crocodile, registered for (among other…

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Michaela Ring  (Hoffmann Eitle)
Share a Coke – but only with fluting.
March 08, 2016

On February 24, 2016, the General Court dismissed an action of the Coca-Cola Company and confirmed the decisions of OHIM and the Board of Appeal (case R 540/2013-2) by ruling that the known shape of…

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Kluwer Patent Blog
Top 3 Kluwer Patent Blog and Kluwer Copyright Blog law posts in February 2016
March 08, 2016

To ensure you don’t miss out on interesting IP law developments reported by our Patent and Copyright Law bloggers, we will, on a regular basis, provide you with an overview of the top 3 most-read…

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Adam Gyorgy  (SBGK Attorneys at Law and Patent Attorneys)
Use, or not use, that is the question: Case C‑179/15 Daimler AG v Együd Garage Gépjárműjavító és Értékesítő Kft.
March 07, 2016

The dispute started with the termination of a license contract by which Együd Garage was entitled to use Daimler AG’s trade mark “Mercedes-Benz” and to describe itself as ‘felhatalmazott Mercedes…

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Julius Stobbs  (Stobbs IP)
Trade Marks and Stripes: Three’s Company, Two’s a Crowd
March 07, 2016

The scope of protection conferred upon trade mark owners can often prove to be a controversial subject, particularly where the trade mark applied for has a decorative look and feel to it.  Despite…

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Adam Gyorgy  (SBGK Attorneys at Law and Patent Attorneys)
Is there an interaction between the scope of protection and validity of 3D trademarks?
March 05, 2016

The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark. This blog deals with…

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