Trademark

We all know the iconic Aspirin® paper package with the white and green parallel portions against which the name of the product is written in black letters:   This package stands out from other pain…

In a recent case decided by the Court of Venice (decision n. 2355/2018), MHCS, the producer, inter alia, of the famous Veuve Clicquot champagne, prevailed against a prosecco producer who used orange…

Recently, the Danish Commercial and Maritime High Court balanced the legal interest in the family name Ørsted against the commercial interest in the name of Ørsted by ruling on the right to register…

Cour de cassation, Chambre commerciale, March 27, 2019, Appeal No. T 17-28.213 The French Supreme Court (Cour de cassation) overturned the judgment of the Paris Court of appeals (here) which had…

With decision of 25th February 2019, the German Federal Patent Court (Bundespatentgericht) has ruled on the registrability of a celebrity name for inter alia publications in class 16. The…

In a judgment of 27 February 2019, the Swedish Patent and Market Court of Appeal (PMÖD) stated that a registration of a trademark in black and white cannot in itself result in protection in relation…

The question of how far descriptive or non-distinctive trademarks which somehow managed to be registered may be enforced is of particular relevance in jurisdictions like Germany which acknowledge…

It was a long and cold winter in most of Canada – more so than usual and during that time, the Canadian IP community kept busy shoveling snow and preparing for the many amendments to Canada’s…

In the US to indicate two things which are truly… incomparable, one says “oranges and apples”. In continental EU, we  say “apples and pears”. This case deals indeed with apples and pears. On 31…