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Verena von Bomhard  (BomhardIP)
CP3 in practice: descriptive terms are difficult to register solely on account of stylization
January 15, 2016

In two judgments rendered on 14 January 2016, the General Court confirmed OHIM’s refusal of stylized marks whose verbal elements were descriptive or non-distinctive. It is a coincidence that both…

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Carolina Pina  (Garrigues)
A LOOK AT KEYWORD ADVERTISING DECISIONS IN SPAIN
January 12, 2016

This article looks at whether advertisers and referencing service providers, such as Google or Bing, involved in keyword advertising can be held liable in Spain on grounds of trademark infringement…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc, United States Court of Appeals, Eighth Circuit, No. 14-3461, 6 January 2016
January 11, 2016

Florida businessman Steven S. West was liable for over $913,000 in damages for infringing a service mark held by Omaha-based construction and mining company Kiewit Sons’, Inc., the U.S. Court of…

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Jody Coultas  (CCH)
USA: The Board of Directors of Sapphire Bay Condominiums West v. Simpson, United States Court of Appeals, Third Circuit, Nos. 14-3922, 21 December 2015
December 30, 2015

The Board of Directors of Sapphire Bay Condominiums West was unable to state Lanham Act claims against a disgruntled condominium owner who operated a website to complaint about the Board, according…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Tightening of the Danish Practice on distinctiveness in relation to figurative marks
December 22, 2015

The IP offices of the European Trade Mark and Design Network, including the Danish Patent and Trademark Office have agreed on a Common Practice in relation to when a figurative mark, containing…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: BMW of North America, LLC v. Barreira, United States Court of Appeals, Ninth Circuit, No. 14-15215., 15 December 2015
December 21, 2015

An individual was in violation of a permanent injunction barring him from using BMW’s “MINI” trademarks in connection with an online store selling apparel bearing the brand name “Mini Works,” the U.S…

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Johannes Fuhrmann  (Bomhard IP)
General Court: car shape found not registrable (decision of 25 November 2015, case T-629/14)
December 17, 2015

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle,…

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Katharina Schmid  (schmid-ip)
CTM with a reputation: CJEU provides guidance on the relevant geographical territory and public for establishing both reputation and infringement
December 16, 2015

For those who have been wondering ever since the PAGO International ruling (C-301/07) if the owner of a CTM with a (proven) reputation in one or a few member states can also enforce it as a „mark…

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Verena von Bomhard  (BomhardIP) , Gregor Vos  (Brinkhof)
Welcome to the Kluwer Trademark blog!
December 15, 2015

The world of trademarks is one of the most fascinating legal areas there is. At least that is what trademark practitioners the world around agree upon. This blog is exactly intended for that group of…

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Verena von Bomhard  (BomhardIP)
A new trademark blog – welcome message dedicated to Alexander von Mühlendahl
December 15, 2015

 On 20 October 2015, Alexander von Mühlendahl celebrated the completion of 7.5 decades of life. What could be more appropriate than to dedicate the launch of the new Kluwer Trademark blog to him…

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