Reputation

Facts This judgment by the GC  (available in German and French) concerns three EUTM applications, one for the word "AESKUCARE" and two figurative marks with “AESKUCARE” as their dominant element. The…

  Part 1 of this year’s retrospective provided a general overview over the GC case law from 2023 with numbers and a special focus on genuine use cases. Part 2 now focuses on weak marks. The reader is…

 The protection of trademarks has long been associated with social progress and collective interest. However, a widely accepted scientific consensus remains elusive regarding the interaction between…

In a recent decision (T-726/21), the General Court (“GC”) confirmed that Rolex SA (“Rolex”) could not prevent the Danish fashion brand “Junk de Luxe” (owned by the company PWT A/S) from registering a…

  Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down…

We surely cannot. With Messi (see cases C-449/18P and C-474/18P MESSI)  and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should…

On 1 September 2021, Sony’s 'Vita' trade mark lost out in genuine use revocation proceedings in the EU General Court (see case T‑561/20). The trade mark Vita had been registered by Sony for a variety…

On 28 May 2020 the General Court rendered its most recent ruling regarding enhanced protection of trade marks with a reputation (T-677/18; available in French and Spanish). Two issues are of…

An efficient, reliable and cost-effective route for protecting trademarks globally through the Madrid Agreement or the Madrid Protocol will be beneficial for IP-right holders. For a period of five…