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63 articles available

  First it was getting a registration as a trademark for the name of a State (see at http://trademarkblog.kluweriplaw.com/2022/03/28/mission-impossible-register-the-name-of-a-state-as-a-trademark/)…

The EU trademark law system does not have, unlike the US, a legal concept of “incontestability”. Instead, it has “acquiescence”, a defence against invalidity or infringement actions which can be…

 When a IP court awards the winning party the reimbursement of the costs incurred,  what exactly can be included in such an award and how to determine its amount is not always obvious. Surely it is…

The UK finally said bye-bye to the EU, but for how long will UK-based rights still matter in deciding EUTM-related controversies? This is the subject of two recent decisions by the General Court, i.e…

  Andorran tobacco leaves (© Guia Andorra, https://en.guiandorra.com/post/the-manufacture-of-tobacco-a-production-full-of-tradition-and-of-great-economic-weight).   It should not be that strange that…

So, a million years in the future, an  alien lands on the moon and sees this footprint. The alien quickly accesses the GWW (Galaxy Wide Web) and discovers that it was left by one astronaut of the…

On 21st December 2021, the General Court (GC), in case T-369/20, dealt with “likelihood of association” setting out a double test which seems to be at odds with the previous case law, notably the…

We surely cannot. With Messi (see cases C-449/18P and C-474/18P MESSI)  and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should…

As you may recall, the CJEU in cases C-449/18P and C-474/18P of 17 September 2020, (see http://trademarkblog.kluweriplaw.com/2020/09/23/lionel-messi-scores-his-surname-trade-mark-the-cjeus-own-goal/)…