Infringement

To what extend can a business claim reputed trademark as a basis for infringement proceedings or for raising objections against another business’ trademark registration in Denmark? A recent judgement…

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…

3-D Mark litigation is like life itself – you never know what you're going to get. And for that reason, it’s all the more enjoyable when a 3-D registration prevails over a knock-off. A notorious…

In a recent case, the Swedish Supreme Court clarified the calculation of damages awarded to a defendant based on a claim of loss of profit due to a preliminary injunction in an unsuccessful…

The recent Intellectual Property Enterprise Court (IPEC) decision of Azumi v Zuma’s Choice Pet Products & Ors touches upon a Smörgåsbord of issues, including a discussion around the size of Azumi’s…

In the affordable luxury segment one finds the highest growth rate within the Class 14-goods at the moment. As a result we see a lot of new starts-ups in this business – one of them trying to stand…

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be…

We all know that acquiescence is an absolute defense against infringement which occurs when a proprietor of an earlier mark has acquiesced, for a period of five successive years, to the use of a…

The Spanish Supreme Court has held that there is no risk of confusion between the word trade mark "Toro" (owned by Osborne Group, S.A., the notorious beverage company) and the word trade mark …