Infringement action

30 articles available

On 17 May 2017, the Swedish Patent and Market Court (the “PMD”) decided a case whereby it held that Nestlé's expansion of its cat food brand "PURINA felix" into Sweden infringed the reputed Swedish…

Two months ago I reported about the Draft of a new Trademark Act (Markenrechtsmodernisierungsgesetz) which was supposed to enter into force before the election for the next German Bundestag. Some of…

In a decision of June 2, 2016 Svea Court of Appeal found Mars’ popular product “m&m’s” infringing Kraft Foods Sverige Intellectual Property AB’s non-registered trademark “m” in relation to candy and…

 CJEU: reimbursement of legal costs in IP infringement proceedings must not be disproportionate or even insignificant On 28 July 2016, the CJEU ruled in a case concerning the reimbursement of legal…

 According to a recent decision of the Italian Supreme Court, it is no longer possible for an original name ‘proprietor’ to use his or her  personal name as a distinctive sign once it has been…

The facts of the case litigated between Gulf Oil Benelux and Milan Vondal before the Prague High Courts prima facie appear to be a typical scenario of a domain name dispute. Yet, the owner of an…

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…

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…

In the Stockholm District Court judgment of March 22, 2016, the UK company Textilis, Ltd (‘Textilis’) was found infringing, amongst others, the Swedish company Svenskt Tenn Aktiebolag’s (‘Svenskt…