Trademark News: What you might have missed in January 2023
Kluwer Trademark Blog
by Kluwer IP Reporter
6d ago
Read up on the latest news reported by the Kluwer IP Reporter here. OAPI accedes to Geneva Act of Lisbon Agreement On 15 December 2022, the African Intellectual Property Organization (OAPI) joined the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications (Geneva Act) by depositing its instrument of accession with the Director General of the World Intellectual Property Organization. Read the full story here Canada clarifies on AIR certification process for Madrid Protocol On 19 December 2022, the Canadian Intellectual Property Office (CIPO) issued a notice t ..read more
Visit website
CJEU rules in quartet of cases that Falsified Medicines Directive no excuse for repackaging of products
Kluwer Trademark Blog
by Julius Stobbs (Stobbs IP) and Amelia Sainsbury (Stobbs IP)
6d ago
The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been falsified. The FMD requires that the packaging of these products now bears certain safety features, such as a “unique identifier” verifying their authenticity and an “anti-tampering device”. Parallel importers sought to take advantage of this change in the law to support a complete repackaging of medicinal products imported into Member States, previously only allowed in exceptional circumstances ..read more
Visit website
L’Oréal is triumphant in the battle of the ‘K’ trade marks
Kluwer Trademark Blog
by Julius Stobbs (Stobbs IP)
1w ago
The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not disputed that the hair treatment goods covered by L’Oreal’s K K WATER mark in Class 3 (a sub-brand of its leading house brand, KERASTASE), are identical to the ‘shampoos’ and ‘lotions for cosmetic purposes’ in the same class covered by the earlier mark. Comparison of the marks Where the GCEU diverged from the BOA was its assessment of the similarity of the two marks. The CGEU emphasized that ..read more
Visit website
Trademark case: P&P Imports, LLC v. Johnson Enterprises, LLC, USA
Kluwer Trademark Blog
by Brian Craig (Wolters Kluwer Legal & Regulatory US)
3w ago
The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two competing companies that sell oversize Connect 4 games, the U.S. Court of Appeals in San Francisco has held that a trial is needed to decide trade dress infringement of the outdoor game. The Ninth Circuit held that the district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In reversing the district court ..read more
Visit website
AMAZON MAY BE INFRINGING LOUBOUTIN’S RED-SOLE TRADEMARK
Kluwer Trademark Blog
by Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
1M ago
Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down a preliminary ruling in a case involving Christian Louboutin on the one hand and Amazon on the other, one referred from Luxembourg and the other from Belgium (C-148/21, C‑184/21). After seeing that Amazon frequently displayed ads for counterfeit red-soled shoes, the designer sued Amazon in Belgium and Luxembourg for infringement. The claim included Amazon’s activities as an online platform for thir ..read more
Visit website
UK: A Lidl Use Goes a Long Way
Kluwer Trademark Blog
by Julius Stobbs (Stobbs IP) and Mary White (Stobbs IP)
1M ago
Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what constitutes bad faith, a body of case law has been necessary to illuminate the threshold of behavioural demerit sufficient to disqualify owners from the benefits of their legal protections. As one might expect, actions taken by businesses are presumed to be “in good faith” unless a convincing challenge is levelled against them, so cases have historically been few. However, some recent and ongoing ..read more
Visit website
Icy conditions for ICELAND EUTMs – Grand Board found marks non-distinctive
Kluwer Trademark Blog
by Verena von Bomhard (BomhardIP) and Monique Rachow (BomhardIP)
1M ago
  Not many cases make it to the Grand Board of Appeal of the EUIPO. The ICELAND cases did, including the first oral hearing ever before the Grand Board attracting lots of attention. There has been a policy discussion for quite some time regarding the registrability of country names as trademarks, and the ICELAND cases are a prominent and very recent iteration thereof. The outcome has now been revealed. In unusually long decisions (56/62 pages!) of 15 December 2022 (R 1613/2019-G and R 1238/2019-G), the Grand Board confirmed that the two contested EUTMs ICELAND (one word, one fi ..read more
Visit website
Outside In, Inside Out – a new Standard?
Kluwer Trademark Blog
by Aron Laszlo (Oppenheim Legal)
1M ago
genuine use of an EU trademark within the EU for services provided outside the EU a summary of decision T‑768/20 of the General Court of the EU   The background of this decision was an application for revocation for non-use against the EUTM owned by Standard International Management LLC, a US company. Yes, this is how the trademark actually looks like, this logo has turned upside down well before the world around us did. The applicant filed evidence of use for hotel and ancillary services provided in the United States and evidence of advertising and promotional campaigns aimed especially ..read more
Visit website
Nowhere to go for the General Court: Court of Justice allows APE TEES appeal to proceed (C 337/22 P)
Kluwer Trademark Blog
by Verena von Bomhard (BomhardIP) and Bernard Platteau (BomhardIP)
1M ago
As expected, frankly wished for, and previously reported on this blog (see here), the EUIPO appealed the General Court’s Ape Tees decision (T-281/21) to the Court of Justice. The Court allowed this appeal to proceed on 16 November 2022, recognising that the appeal raises issues relating to the fundamental principles of “unity, consistency and development of EU law” (C‑337/22 P). This appeal is a timely one, to say the least. The General Court seems to dash off in all directions in a post-Brexit world with conflicting rulings. There was the BASMATI case (T-342/20, 6 October 2021), followed by t ..read more
Visit website
Denmark: The High Court confirms that an injunction on the prevention of internet access to future and unidentified trademark infringements cannot be granted
Kluwer Trademark Blog
by Lasse Skaarup Christensen (Gorrissen Federspiel) and Kathrine Spinner Madsen (Gorrissen Federspiel)
1M ago
Recently we published an article regarding the decision from the Danish Maritime and Commercial Court on blocking of domain names and websites containing trademark infringing material in the matter between Skechers U.S.A., Inc. II (Skechers) and HI3G DENMARK ApS (HI3G) and others (being telecommunications and internet access providers). Read the article here. As written in our previous article the Danish Maritime and Commercial Court found that by providing access to domain names and websites which contain trademark infringements, the defendants (being telecommunication providers) contributed ..read more
Visit website

Follow Kluwer Trademark Blog on Feedspot

Continue with Google
OR