To which extent can a sign invoke heritage, age, and prestige before it crosses into deception? In the luxury sector, a trademark’s reference to a long history can signal continuity, know-how, and…
To ensure you don’t miss out on interesting IP law developments reported on our other blogs, we regularly provide an overview of the most-read posts from each of our IP law blogs. With autumn now…
The pending IKEA v. Vlaams Belang case before the CJEU offers a key test of how freedom of expression (FoE) interacts with EU trademark law. IKEA sued the Belgian party Vlaams Belang for parodying…
This case is about likelihood of confusion as much as it is about the right to a fair hearing before EUIPO’s Board of Appeal.Facts and BoA DecisionThe plaintiff had opposed the application of the…
In today’s e-commerce-driven world, the liability of online marketplace like Amazon or eBay for trademark infringement is and remains a hot legal topic. The issue has become increasingly complex as…
Facts
This judgment by the GC (available in German and French) concerns three EUTM applications, one for the word "AESKUCARE" and two figurative marks with “AESKUCARE” as their dominant element. The…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal.
According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right…
Swatch sued Samsung for trademark infringement, arguing that Samsung allowed users to download infringing watch face apps from its Galaxy App Store (“SGA”). The Samsung case[1] shows that the UK…
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…
