Case law

375 articles available

Company A has rights to the tradename “IST” since 2003, and an Austrian trademark “iST” (fig), with a priority of 2011. Company B also has rights to the trade name “IST”, since 2009. Can Company A…

A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO…

The Higher District Court of Düsseldorf had to decide whether the parallel importer of medical devices also had to provide the trademark owner at its request with a specimen of the re-labelled…

Comic Enterprises Ltd v Twentieth Century Fox Film Corporation [2016] EWCA Civ 455 On 25 May 2016, the Court of Appeal held that the series mark provision in the UK Trade Mark Act is compatible with…

From September 1, 2016 a specialised IP court will start to operate in Sweden as the current Swedish judicial system involving IP cases will undergo certain changes. The new IP court, named the…

In cancellation proceedings the German Federal Patent Court denied registrability to a 3-D-mark depicting a chocolate stick for chocolate products largely based on evidence it had collected on its…

Amazon’s internal search engine has already been the subject of a decision by the High Court (England and Wales) made just over two years ago (2014, EWHC 181, ch). The claimant was the proprietor of…

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…