CJEU

Puma´s earlier mark Applicant´s mark           By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. The case was, in essence, about whether and to which…

CJEU, 30 May 2018, C-85/16 P, C-86/16 P - Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE]     The fame of the fashion brand KENZO is such that it can be held against the registration of KENZO ESTATE…

EU Design law denies protection to designs which are solely dictated by a product’s technical function (art. 8(1) CDR). But how to determine if a product’s appearance is solely defined by its…

The Benelux trade mark system will undergo two important changes as per June 1, 2018. Appeals from decisions of the Benelux Office for Intellectual Property (BOIP) Until now appeals from decisions of…

On 6th December 2017, the ECJ issued its judgement in the matter Coty / Akzente. The judgement is essentially about three questions: 1)         Does the luxurious nature of products or trademarks…

With decision C-425/16 of October 19, 2017, the European Union Court of Justice (“CJEU”) pronounced on whether or not EU national courts can dismiss an infringement action without first ruling on a…

The Court of Justice of the European Union (CJEU) has denied the Tea Board’s (TB) appeal against the General Court’s (GC) decision to allow Delta Lingerie’s (DL) application for various ‘Darjeeling’…

On September 21, 2017, the European Court of Justice (CJEU) issued another important decision on designs (joined cases C-361/15 and C-405/15). Among several other issues, possibly the most relevant…

The CJEU ruled again on jurisdiction (after Hummel Holding, C-617/15) in BMW AG v Acacia Srl (C-433/16), focusing in particular on the relationship between Reg. 44/2001 (“Brussels Regulation”) and…