Bad faith is on the rise – whether in reality or as a useful weapon against trade marks is another question. Recently, both the General Court (GC) and the Court of Justice (CJEU) have had several…
On 14th October 2019 the Italian authorities seized approximately 250 tubes of Prosecco and Pink Peppercorn flavoured Pringles crisps from supermarket chain Tosano in the Veneto region of…
The EU legislation does not provide for a definition of the concept of bad faith, but the EU case law in course of years has developed a number of criteria which offer guidance in assessing when a…
On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr (Case C-371/18). The opinion is couched in terms of public…
On 29 July 2019, the European Court of Justice (CJEU) handed down a ruling that ended a six-year battle over the validity of trademark rights in the name of Red Bull to the combination of the colours…
Traditionally, ‘gömböc’ has been the name of a kind of Hungarian food specialty, also called 'disznósajt' ('pork-cheese'), similar to the Scottish haggis: pig’s stomach filled with leftovers. In a…
As reported earlier by this blog, there is a discussion in Germany whether an infringer who has received an injunction has to actively recall the products. And the German recall-saga continues, as…
In law, perhaps one of the most famous aphorisms is "I know it when I see it", which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio, 378 U.S. 184 …
In what has been considered a surprising decision (see for example previous comments in this blog here), the CJEU has recently held that the proprietor of a mark is entitled to oppose a third party…
