Case law

378 articles available

The Swedish Court of Patent Appeals invalidated the registration of BERGLÖFSLÅDAN and BERGLÖFSLÅDAN ORIGINAL (in English the “BERGLOF BOX”) based on bad faith because of the trademark proprietor’s…

Whether use of a trade mark in just one Member State is sufficient or not to support the validity of a CTM is an issue practitioners and Courts have struggled with since the CTM system began. The…

On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé,…

The Swedish Supreme Court has requested a preliminary ruling from the CJEU in respect of an infringement case involving a CTM in Sweden.   LF trademark as used The case involves the Swedish…

Florida businessman Steven S. West was liable for over $913,000 in damages for infringing a service mark held by Omaha-based construction and mining company Kiewit Sons’, Inc., the U.S. Court of…

The Board of Directors of Sapphire Bay Condominiums West was unable to state Lanham Act claims against a disgruntled condominium owner who operated a website to complaint about the Board, according…

An individual was in violation of a permanent injunction barring him from using BMW’s “MINI” trademarks in connection with an online store selling apparel bearing the brand name “Mini Works,” the U.S…

Once again, the General Court has found a three-dimensional mark consisting of a product shape not sufficiently distinctive for registration. This time, the shape in question was that of a vehicle,…

While many commentators discussed the judgment of CJEU of 16 September 2015 in the case C-215/14. - Société des Produits Nestlé SA v Cadbury UK Ltd. – also known KIT KAT case, most of them debated on…