Case law

The Austrian Supreme Court (short “the Court”) recently ruled that a provider of maintenance and repair services for cars of all brands (short “garage”), including Mazda cars, where that service…

In December 2015 the Danish Maritime and Commercial High Court granted a preliminary injunction against citations and the use of metatags in a remarkable case between Karnov (Thomson Publishing) and…

The Higher District Court of Cologne held in preliminary injunction proceedings that use of a distinctive trademark on amazon.de for displaying other comparable products not originating from the…

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…