12/6/2023 10:52:00 AM “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,...
11/29/2023 6:14:00 PM 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...
11/21/2023 2:46:00 PM 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...
11/20/2023 4:38:00 PM 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...
11/16/2023 3:01:00 PM 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...
11/15/2023 4:17:00 PM 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...
10/24/2023 2:04:00 PM Green is Good: IP considerations for sustainable fashion brands By Bird & Bird Introduction The climate crisis is changing consumers’ purchasing decisions, which in turn is affecting every aspect of the fashion...
10/12/2023 3:25:00 PM 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...
10/3/2023 3:30:00 PM Beverly Hills Polo Club not infringed by Royal County of Berkshire Polo Club By Bird & Bird The High Court considered “how insubstantial the supposed evidence of confusion” was between the brandsThe claimants’ evidence of alleged...
9/25/2023 2:09:00 PM EU’s New Rules for Protecting Geographical Indications Beyond Agriculture By Niklas Fels The European Parliament approved new rules aimed at protecting geographical indications (“GI”) for craft and industrial products, in...
9/20/2023 3:46:00 PM 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...
9/14/2023 2:11:00 PM 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,...
9/13/2023 3:31:00 PM 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...
8/29/2023 2:14:00 PM 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...
7/20/2023 12:52:00 PM 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...
7/6/2023 4:02:00 PM 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...