On 25 July 2018 (C-129/17), the CJEU decided that de-branding and rebranding of goods prior to any trade within the EEA without the trademark proprietor’s consent constituted ‘use in the course…
In Germany, the Higher Regional Court Düsseldorf decided that trademark rights were not exhausted in a case where luxury cosmetic products were offered at a German discounter. The Court held that the…
On February 13, 2018, the Russian Constitutional Court issued a judgement in which it checked whether the existing regime of parallel import was in line with the Constitution.
Although grey import…
On 17 January 2018, the French Supreme Court (Cour de cassation) held that affixing a prior trademark, without consent, to products exclusively intended for export to and lawful sale in China…
A Hungarian company distributed knives under the brands ‘BLAUMANN’ and ‘SWISS HUFEISEN’ in Germany and in other European countries including Hungary. The knives were manufactured in China and had no…
In a decision of 17 January 2018 (HR-2018-110-A), the Norwegian Supreme Court concludes that trade mark protection covers instances where there is a clear possibility that damage to the functions of…
In yet another decision, the German Federal Supreme Court (BGH) has ruled on whether an injunction also obliged an infringer to take active steps to stop the distribution of infringing products…
In a previous post we explored the potential disadvantages of failing to utilise the registered community design (“RCD”) in a Danish context. By contrast, this post will examine the possibilities of…
The Regional High Court of Frankfurt rendered an interim injunction on appeal, which may have a great impact on the question if and to which extent the owner of an earlier trade mark can take action…
