The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of…
The 'Hawk Tuah' meme, popularised by Haliey (sic!) Welch, has prompted several third parties to apply for trademark protection in the EU. Can Welch, the 'Hawk Tuah Girl', challenge them?
collage…
You may know the "Chewbacca Defence" from the South Park cartoon series. Here is a similarly confusing defence, which we named after the national dish of Hungary.
The principle of acquiescence is…
Already in 2019, the Austrian Supreme Court (“OGH”) had confirmed the lower instance decisions cancelling the Austrian figurative mark “SW Sophienwald” for being decriptive of its geographical origin…
Burning hot August day in the picturesque bay of Lindos (Rhodos/Greece)
A recent decision of the Higher Regional Court Vienna (OLG Vienna), second - and often last – instance in cancellation and…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal.
According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right…
The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector.
Facts
The Applicant, Azalee Cosmetics, applied…
UEFA, governing body of European football (a role that came into spotlight in the recent Super League case, not an IP case, see C-333/21), is slowly turning their attention to Germany, where the…
The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle…
