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Facts This judgment by the GC  (available in German and French) concerns three EUTM applications, one for the word "AESKUCARE" and two figurative marks with “AESKUCARE” as their dominant element. The…

  The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector. Facts The Applicant, Azalee Cosmetics, applied…

A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign. Facts The applicant applied for the registration of the following sign as an…

This is about how generative AI could affect our writing: It seems that generative AI is good at creating clear and plain language, it can put difficult matters into simple terms. This ability…

  A judgment of the General Court demonstrates the controversial and problematic nature of retail services marks. The ALDI/ALDIANO Case The case concerns Aldi, the discount chain. An Aldi entity (in…

Dispute and Facts Munich SL owns an EU registration of 2004 for the following figurative mark:   This representation means that the crossed stripes are placed on the side of a shoe. The registration…

The ”Pearl” decision by the Federal Supreme Court (BGH) may not be brand new (15 October 2020), but it is interesting in many respects. This post will deal with the similarity of goods. Facts The…

Parties and Mark The defendant is an Amazon entity. It is responsible for Amazon’s keyword advertising on Google Ads (formerly Adwords). The plaintiff is the exclusive licensee of the trademark BOSS…

Facts The plaintiff provides orthodontal treatment under his trade name Polzar. The defendant runs a network of orthodontists which assists them in marketing their services. The defendant had placed…