European Court offers seasonal cheer to many chocolate reindeer makers –...
Many chocolate makers across Europe will be breathing a huge sigh of relief as the General Court of the European Union has upheld the decision of the European Community Trade Mark Office (OHIM) not to...
View ArticleOnline William Hill licensed gambling company loses gamble as 32RED found to...
32RED plc, an online casino, had registered European Community Trade Marks for the word 32RED and a figurative one for 32 and Red, dating back to 2002. It also made a much later United Kingdom trade...
View ArticleNational courts can make Community Trade Mark rulings that have effect in...
European Community Trade Marks can be ruled upon in one Member State of the European Union and those judgments should be binding on the parties’ activities in other Member States. This was a ruling...
View ArticleIPO receives complaint about Tesco yogurt trade mark application
Eckes-Granni, the German food manufacturer, has filed its opposition with the UK’s Intellectual Property Office to Tesco’s registered trade mark application for its new ‘Yoo’ range of yogurts. The...
View ArticleResponse to coexistence request asserting existing trade mark rights could...
Best Buy US was a US consumer electronics retailer that opened up shops in the UK and planned to do so around Europe. It also sought to register “Best Buy” as a European Community Trade Mark. Espana...
View ArticleEuropean Commission publishes strategy for IP rights
The European Commission has published its strategy for intellectual property rights. There are some common themes with the Hargreaves Digital Opportunity Report – in particular, ensuring that the...
View ArticleOral licensee of Community Trade Mark can sue for infringement – Jean...
The High Court has ruled that an oral licensee of a European Community Trade Mark (CTM) can issue proceedings for infringement if the owner of the CTM gives its consent. In this case, the owner and...
View ArticleBottles bank Shütz High Court trade mark victory – Shütz v Delta Containers,...
Shütz trade marked caged bulk containers, which were used to transport and store liquids in bottles inside the containers. Both the container and the bottles carried the Shütz name and had been...
View ArticleECJ allows national law to stop registration of famous people’s names even...
Elio Fiorucci, the fashion designer, sold the creative rights including his trade marks to Edwin. Edwin later registered “ELIO FIORUCCI” as a European Community Trade Mark. Fiorucci asked for the mark...
View ArticleL’Oréal battle with eBay worth it as ECJ delivers stunning victory for the...
Some two years ago, the High Court ruled that eBay would not be jointly liable for trade mark infringements by its users who sold infringing products on its website. However, the ruling was referred to...
View ArticleHigh Court left to decide who smells of roses after ECJ gives judgment on...
Under the Trade Marks Directive, a proprietor of a registered trade mark can prevent third parties from using any sign identical to that mark in the course of trade, where that trade is identical to...
View ArticleOHIM and European Union General Court should have considered whether wine...
Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...
View ArticleAngler shows folly as trade mark angles for a victory in trade mark...
Fox had a European Community Trade Mark for “STALKER” in respect of fishing equipment. Folly sold fishing equipment on the Internet under the name “STALKER” but replacing the “T” with a picture of an...
View ArticleSpecsavers seeing better now after appeals against Asda upheld – Specsavers...
In 2010, the High Court was asked to consider whether a marketing campaign and rebranding by Asda in relation to its optician service infringed trade marks held by Specsavers. Many of Specsavers’...
View ArticleLindt’s Chocolate rabbit lacks distinctiveness for trade mark registration –...
It is now official: the popular chocolate bunnies with red ribbons produced by Lindt may be delicious, but as a trade mark they lack distinctiveness and cannot be registered. The original Community...
View ArticleAdvocate General gives views on what is “genuine use” of CTMs
Leno Merken BV v Hagelkruis Beheer BV, European Court of Justice Eleanor Sharpston, an Advocate General to the European Court of Justice (ECJ), has expressed her opinion that whether a Community Trade...
View ArticleEU licensee from US business not eligible for EU domain name
Pie Optiek v Bureau Gevers, European Court of Justice Pie Optiek had a website at lensworld.be and owned a Benelux figurative trade mark containing the word “lensworld”. A US business sold goods from...
View ArticleBank closes CITIGATE trade mark
IG Communications Ltd v OHIM, European Union General Court IG Communications had applied to register CITIGATE as a European Community Trade Mark. The people who owned various CITI marks including...
View ArticleCTM is “NOW” invalid, says High Court
Starbucks (HK) Ltd and others v British Sky Broadcasting Group plc and others, High Court Starbucks (a Hong Kong-based media group and not the coffee shop chain) issued proceedings against Sky alleging...
View ArticleCTM owner can stop later CTM owner from using their mark
Federation Cynologique Internationale v Federacion Canina Internacional de Perros de Pura Raza, European Court of Justice The European Court of Justice has ruled that a European Community Trade Mark...
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