In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
Puma´s earlier mark
Applicant´s mark
By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. The case was, in essence, about whether and to which…
A federal district court’s award of attorney fees under the Lanham Act and Utah’s Truth in Advertising Act (UTIAA) to a defendant following the parties’ stipulation of dismissal has been vacated and…
Substantial evidence supported the Trademark Trial and Appeal Board’s finding that the mark "AQUAPEL" and design for leather and imitation leather hides, furniture covers, and various home goods was…
CJEU, 30 May 2018, C-85/16 P, C-86/16 P - Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE]
The fame of the fashion brand KENZO is such that it can be held against the registration of KENZO ESTATE…
Cour de Cassation, Chambre Commerciale, January 31, 2018, Appeal No. C 16-10.761
The French Supreme Court emphasizes that the reputation of the earlier mark is a relevant factor in the assessment of…
The federal district court in Los Angeles did not err in dismissing trademark infringement, dilution, and related claims brought by Ketab Corporation—a telephone directory and marketing services to…
In a recent judgement, the Swiss Federal Administrative Court once again confirmed its (too) strict position with regard to the registration of shape marks. The court ruled that a three-dimensional…
EU Design law denies protection to designs which are solely dictated by a product’s technical function (art. 8(1) CDR). But how to determine if a product’s appearance is solely defined by its…
