The pending IKEA v. Vlaams Belang case before the CJEU offers a key test of how freedom of expression (FoE) interacts with EU trademark law. IKEA sued the Belgian party Vlaams Belang for parodying…
This case is about likelihood of confusion as much as it is about the right to a fair hearing before EUIPO’s Board of Appeal.Facts and BoA DecisionThe plaintiff had opposed the application of the…
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…
Trademark law has a front-row seat to the rise of greenwashing. Since studies have shown that over 90% of consumers are attracted to brands prioritizing sustainability, the temptation to register and…
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…
My 20-year old son Victor has started reading Homer’s Iliad. When he is done, I will suggest him the reading of the whole HALLOUMI story, which is as epic as the ancient poems. Epics are the stories…
The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two…
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the most-read posts from each of our IP…
A recent decision by the General Court deals with the weight of figurative elements in the overall impression of a sign.
Facts
The applicant applied for the registration of the following sign as an…
Registrability of Works of Art as Trademarks
Recently, the European Union Intellectual Property Office ("EUIPO") and the Hungarian Intellectual Property Office ("HIPO") have been asked in…
