Case law

386 articles available

The Austrian Supreme Court (short “the Court”) denied a motion for a preliminary injunction (short “PI”) against the use of the mark “Duff (BEER)” based on the Claimant’s EUTM “Duff”, since the EUTM…

Due to the variety of economic agents operating on the Portuguese market, some judicial disputes frequently arise regarding the registration rights derived from trademarks and trade names legally…

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt…

The general rule in German opposition proceedings is that each party bears its own costs. But what are the exceptions? A recent decision by the Federal Patent Court shows once more how difficult it…

The UK Court of Appeal recently upheld the High Court’s decision that the use of ‘glee’ by Twentieth Century Fox (‘Fox’) as the name of its comedy TV series infringed an earlier trade mark…

The Spanish Supreme Court recently had to consider the likelihood of confusion between the representation of a lila mop registered as a two-dimensional trade mark and another party’s actual product,…

The Lisbon Court of Appeal has recently confirmed a decision – debatable, as we will further develop - from the IP Court. In this matter, a wine company owns a trademark “QUINTA DE PANCAS”, which…

On March 3, the Swedish Court of Patent Appeals (‘PBR’) delivered a judgment on the effect of a reputed EUTM in a single member state. PBR held that even if the EUTM ‘SKY’ et al were extensively used…

The U.S. Court of Appeals for the Federal Circuit reversed a trial court’s ruling that JBLU, Inc. violated the Tariff Act of 1930 by importing jeans that were not properly marked with their country…