Case law

At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end…

The Swiss Federal Supreme Court decided that the customisation of branded items on behalf of the watch-owner does not violate trademark law In its Judgement of 19 January 2024, the Swiss Federal…

The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two…

On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21…

A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language…

  Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision…

The Fifth Circuit also added non-genuine bezels to the district court’s injunction to make it consistent with the district court’s other findings. In a trademark infringement case involving…

On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi trade mark infringement in terms of the legal…

  Part 1 of this year’s retrospective provided a general overview over the GC case law from 2023 with numbers and a special focus on genuine use cases. Part 2 now focuses on weak marks. The reader is…