06 Dec, 2023 “Facing” the possibility of registering human faces as trade marks – EUIPO clears up the issue By Pietro Dettori It is well known that one of the main functions of a trade mark is to identify a person or trader’s products or services. In this way,...
29 Nov, 2023 Weak or not: Boss of what? – An Italian dispute over the strength of a trade mark By Federico Manstretta On 20th September 2023, the Italian Supreme Court issued an interesting decision that clarifies some questions concerning the...
21 Nov, 2023 All that glitters is not gold – ‘ORO’ trade marks found to be invalid By Lynne Lewis Shehana Wijesena Meggie Zhang On 20 October 2023, Yates J of the Federal Court of Australia delivered judgment in the long-running dispute in Cantarella Bros Pty Ltd v...
20 Nov, 2023 Super Simon – a super trade mark? By Jan Bärenfänger Can a 22-second video be a trade mark? Perhaps a 22-second video featuring Super Simon can? That’s what an applicant wanted to know from...
16 Nov, 2023 Single letter, big nuisance: comparing single-letter trade marks By Julia Kostrzewa Trade marks composed of just a single letter have been examined by national patent and trade mark offices and the EUIPO, as well as by...
15 Nov, 2023 Partners in Crime: The notion of “close connection” & international jurisdiction in EU trade mark infringement cases By Guillaume de Villegas In its judgment of 7 September 2023, the CJEU clarified that an EU trade mark holder can sue multiple defendants, domiciled in different...
24 Oct, 2023 Green is Good: IP considerations for sustainable fashion brands By Dan Breen Introduction The climate crisis is changing consumers’ purchasing decisions, which in turn is affecting every aspect of the fashion...
12 Oct, 2023 Reasonable Royalties: over 350,000 EUR awarded by Court of Milan in trade mark infringement case By Francesca Rombola By judgment of April 17, 2023, the Court of Milan, holding on a case of trade mark infringement in the apparel sector, condemned the...
03 Oct, 2023 Beverly Hills Polo Club not infringed by Royal County of Berkshire Polo Club By Parisa Fard The High Court considered “how insubstantial the supposed evidence of confusion” was between the brandsThe claimants’ evidence of alleged...
25 Sep, 2023 EU’s New Rules for Protecting Geographical Indications Beyond Agriculture By Romain Meys Niklas Fels The European Parliament approved new rules aimed at protecting geographical indications (“GI”) for craft and industrial products, in...
20 Sep, 2023 Can emojis be trade marks? Thumbs down from EUIPO leaves applicant with sad face By Naji Tilley In Case R 2305/2022 Käselow Holding GmbH (1 June 2023), the EUIPO Board of Appeal (BoA) rejected an appeal against the refusal to...
14 Sep, 2023 Australian Trade Marks Office releases guidance on applications relating to the virtual goods, the metaverse, NFTs, and blockchain By Shehana Wijesena As a result of the rapid increase in Australian trade mark applications claiming virtual goods, goods and services in the metaverse,...
13 Sep, 2023 It’s all fun and games – Trade mark on miniature models By Julia Präger Using a trade mark on miniature models does not take unfair advantage of the repute of the trade mark if the model is realistic and there...
29 Aug, 2023 Company Name Tribunal Actions: A Review of Defended Actions in the first half of 2023 By Thomas Hooper Carina Rodriguez If a company registers an identical or similar company name in the UK with Companies House, then submitting a complaint with the Company...
20 Jul, 2023 Paris Court of Appeal Validates Louis Vuitton’s Use of Four-Leaf Clover in Jewellery Line By Pava Vrhovac On June 23rd, 2023, a significant brand dispute reached its conclusion at the Paris Court of Appeal (n° RG 21/19404) as they delivered...
06 Jul, 2023 IPEC upholds passing off claim in anti-aging skincare product case By Heidi Hurdle Skincare company YNNY brought claims against an ex-supplier for passing off and copyright infringement, as well as malicious falsehood...