16 Dec, 2024 Fact or Law? Scope of the Board of Appeal’s assessment can include well-known facts not adduced by parties By Julia Präger Introduction In the realm of trade mark law, the assessment of potential confusion between marks is a critical component of legal...
27 Nov, 2024 These ‘Dupes’ aren’t made for walking: the Paris Court of Appeal strengthens brand protection for luxury goods By Audrey Naturel Summary On October 16, 2024, the Paris Court of Appeal upheld a decision from the Paris Commercial Court which ruled against JONAK for...
25 Nov, 2024 It takes all kinds – the Federal Court of Australia issues decision on coffee jar trade mark dispute By Shehana Wijesena Sanya Bhatnagar Jonathan Wong In a country where coffee culture reigns supreme, it comes as no surprise that coffee products are often the subject of litigation in...
13 Nov, 2024 Long Awaited UK Supreme Court Decision in SkyKick v Sky By Peter Brownlow Tristan Sherliker Should you be able to register a trade mark for wide descriptions of goods and services or should you only be able to register it for...
12 Nov, 2024 Greenwashing Directives: The future of eco-labelling in the Spanish market By Maria Gutierrez The main objective of the Empowering Consumers Directive and the Directive Proposal on Green Claims [1] is to provide transparency and...
11 Nov, 2024 When evidence fails, ICE trade mark melts away By Martina Fossati A new wake-up call regarding the importance of genuine use for trade mark owners On September 2, 2024, the EUIPO Board of Appeal (the...
28 Oct, 2024 UK High Court Rules on Trade Mark Infringement in Athleta v Sports Group Denmark Case By Charlotte Peacock Karen Ayodele The High Court’s ruling on Athleta (ITM) Inc. v Sports Group Denmark A/S and another (2024) has once again underscored key issues on...
24 Oct, 2024 Don't Dig Your Own Grave with Bad Faith: A Trade mark Battle in Funeral Services By Andrea Vantini In the world of funeral services, the recent Taffo family trade mark dispute in Italy has drawn significant attention. The Court of Rome...
15 Oct, 2024 Ceci n’est pas a case about GI evocation (but about unfair competition!) By Rachele Macor Court of Venice ascertains that use of the words “Balsamico di…” and “Ristretto di Balsamico…”, alone or together with “aceto”, for...
18 Sep, 2024 Distinctiveness of descriptive marks - the Halloumi saga continues in the UK By Phillipus Putter Is the HALLOUMI trade mark distinctive? The UK High Court very recently looked at this question. It emphasised the importance of...
09 Sep, 2024 More Than Words: The Registrability of Non-Traditional Marks in Singapore By Lorraine Tay Alison Wan Xuan Tang Gene Kwek If I took those words away, how would you make the examiner understand, and show her that your non-traditional mark is real? ...
30 Aug, 2024 Takedown procedures in anticipation of a court decision: Proceed at your own risk! By Pava Vrhovac Case references – Paris Judicial Court, 3rd chamber, 2nd section, March 18th, 2022, n. 20/03727 ; Paris Court of Appeal, 5th division,...
05 May, 2024 International Comparative Legal Guide – Trade Marks 2024 now published! By Nick Aries Nick Aries and Dan Breen take a look at what’s ahead with the end of EU law supremacy and the impact it will have on UK trade mark law...
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...
21 Jun, 2023 High Court refuses Tesco’s request to award damages instead of an injunction for copyright infringement By Ewan Grist In April 2023, as reported here: Lidl claims long-awaited victory over Tesco with Clubcard logo (brandwrites.law), the High Court...
31 May, 2023 Trade Marks: When being first on the list matters By Romain Meys Jean-Christophe Troussel Joint ownership of a trade mark may sometimes arise in the context of a joint venture or another type of collaboration. To ensure joint...