Case law

386 articles available

The federal district court in Sacramento properly determined that an individual (Scott R. Smith) lacked standing to challenge two Trademark Trial and Appeal Board decisions dismissing Smith’s…

A recent decision of the Federal Patent Court in Germany (Decision of 1 March 2016 on Case 29 W (pat) 33/13) shows that the unitary character of an EU trademark (EUTM) does not necessarily mean that…

Company A has rights to the tradename “IST” since 2003, and an Austrian trademark “iST” (fig), with a priority of 2011. Company B also has rights to the trade name “IST”, since 2009. Can Company A…

A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO…

The Higher District Court of Düsseldorf had to decide whether the parallel importer of medical devices also had to provide the trademark owner at its request with a specimen of the re-labelled…

Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2016] EWCA Civ 455 On 25 May 2016, the Court of Appeal held that the series mark provision in the UK Trade Mark Act is compatible with…

From September 1, 2016 a specialised IP court will start to operate in Sweden as the current Swedish judicial system involving IP cases will undergo certain changes. The new IP court, named the…

In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its…

Amazon’s internal search engine has already been the subject of a decision by the High Court (England and Wales) made just over two years ago (2014, EWHC 181, ch). The claimant was the proprietor of…