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Katharina Schmid (schmid-ip)
Priority conflicts between trade names and trademarks in Austria: Defence of prior trade name in trademark cancellation actions
July 15, 2016

Company A has rights to the tradename “IST” since 2003, and an Austrian trademark “iST” (fig), with a priority of 2011. Company B also has rights to the trade name “IST”, since 2009. Can Company A…

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Katharina Schmid (schmid-ip)
Austria: German trademark registration as a defence in (EUTM) CTM preliminary injunction proceedings in Austria - possible under the CTMR (but not the EUTMR)
May 09, 2016

The Austrian Supreme Court (short “the Court”) denied a motion for a preliminary injunction (short “PI”) against the use of the mark “Duff (BEER)” based on the Claimant’s EUTM “Duff”, since the EUTM…

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Sascha Jung (IPJ)
Austria: Reseller’s duty to provide information on the origin and distribution networks also applies to cases of illegal parallel imports – but the exception proves the rule
April 05, 2016

 For those who were unsure whether the duty of a reseller of imported goods to provide information is limited to cases involving unlawfully copied goods and thus does not encompass unlawfully…

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