This post is the first of four looking at the decision of Smith J in Lidl & another v Tesco & another [2023] EWHC 873 (Ch). It will focus on the s.10(3) trade mark infringement elements of the…
The EUTM Appellate Court of Alicante has confirmed the pan- European injunction preventing the manufacture and commercialization of unauthorized versions of Ferrari’s one-off models by 3D printing
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A decision of the German Federal Patent Court dated 13 September 2021 (Case 26 W (pat) 20/20) shows the sometimes thin line between likelihood of confusion and exploitation of the reputation when…
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…
A trade mark infringement matter which has been making the headlines in Norway the last week concerns the small Norwegian beverage producer O. Mathisen´s product JALLASPRITE, which is a lemon…
Already in 2009, the Austrian Supreme Court granted an injunction against a pumpkin seed farmer from the Austrian province of Styria, who had had the ingenuous idea to “parody” Pfizer’s famous VIAGRA…
The General Court annulled a decision by the Second Board of Appeal of EUIPO, based on an insufficient (or, rather, inexistent) assessment of the reputation claimed by the opponent (GC, 1 June 2018,…
CJEU, 30 May 2018, C-85/16 P, C-86/16 P - Kenzo Tsujimoto v. EUIPO / Kenzo [KENZO ESTATE]
The fame of the fashion brand KENZO is such that it can be held against the registration of KENZO ESTATE…
In a decision of June 15, 2016 the Swedish Court of Patent Appeals rejected the application for the word mark “007” in relation to tobacco and smoker’s articles on the basis that it would take unfair…
