Case law

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

The decision in question, made by the General Court of the EU – Standard International Management LLC v EUIPO – has clarified that use of EU trade marks in advertisements and offers for sale…

The Falsified Medicines Directive (2011/62/EU) (FMD) was introduced in 2011 with the aim of safeguarding the public against medicinal products within the EU whose identity, history or source had been…

The General Court of the European Union (“GCEU”), annulling the Board of Appeal (“BOA”) decision, found that L’Oreal’s K K WATER mark is not confusingly similar to Heinze’s earlier K mark. It was not…

The district court applied the wrong legal standard for secondary meaning by requiring evidence of specific association rather than a single, anonymous source. In a trademark case between two…

  Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down…

Intellectual property law is designed to confer exclusive protections to intangible assets, to be used in compliance with honest commercial practices. In the absence of a statutory definition of what…

genuine use of an EU trademark within the EU for services provided outside the EU a summary of decision T‑768/20 of the General Court of the EU   The background of this decision was an application…

  A judgment of the General Court demonstrates the controversial and problematic nature of retail services marks. The ALDI/ALDIANO Case The case concerns Aldi, the discount chain. An Aldi entity (in…