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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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Carolina Pina  (Garrigues)
“Smell-alike perfumes” It smells dangerous…
March 04, 2016

The Alicante Appellate Court has confirmed that the use of lists comparing fragrances to well-known perfume brands is illegal. Comparison lists compare smell-alike perfumes with the respective high-…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Gibson Brands, Inc. v. Viacom International, Inc, United States Court of Appeals, Ninth Circuit, No. 13-57050, 19 February 2016
March 02, 2016

The maker of Gibson-brand guitars could not go forward with claims that media conglomerate Viacom International secondarily infringed trademarks related to Gibson’s “Flying V” design by selling a…

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João Paulo Mioludo  (CMS Rui Pena & Arnaut)
Portugal: Injunctions against “low-cost” perfumes with comparative lists granted.
March 01, 2016

The Portuguese market has been recently overrun by new brands and stores of “low-cost” perfumes. Their business relies on the idea of selling low-cost versions of the original perfumes, identified…

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Gregor Vos  (Brinkhof)
European trademark law in Wonderland
March 01, 2016

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…

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Verena von Bomhard  (BomhardIP)
HARRY’S BAR is dry – General Court on the similarity of food and beverages to restaurant and bar services
February 29, 2016

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…

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Katharina Schmid  (schmid-ip)
Austria: Third party use of Mazda® logo for repair services is (still) no fair use, says the Austrian Supreme Court
February 28, 2016

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…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Denmark: Citations of case law considered trademarks
February 25, 2016

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…

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Jonathan Clegg  (Cleveland Scott York)
New rules published by OHIM for CTM specifications
February 24, 2016

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…

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