The Schogetten chocolate cases from Germany and Hungary are an example of how differently courts in the member states can still interpret what is essentially the same trademark.
This blog deals with…
The Portuguese market has been recently overrun by new brands and stores of “low-cost” perfumes. Their business relies on the idea of selling low-cost versions of the original perfumes, identified…
CJEU 16 July 2015, C-681/13, Diageo Brands/Simiramida available here
Law can be strange and European law even stranger. The CJEU decision in this case reads as another fantasy novel where European…
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,…
