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Agnieszka Sztoldman (Osborne Clarke, University of Wrocław)
Teva's headache over slogan trade marks
August 10, 2020

  We’ve been seeing a lot more interest from life sciences companies in applying for slogans recently. After all, advertising campaigns are increasingly a fierce battlefield for IP litigation. …

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Julius Stobbs, Cheryl Payne (Stobbs IP)
BREXIT: The time for extension has passed, so what next?
August 05, 2020

It has been several months since our last publication on Brexit and the world is very different since then due to the COVID-19 pandemic. As for BREXIT, this could be another pandemic for several…

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Sara Parrello, Fabio Angelini (Bugnion S.p.A)
A distinction without a difference: what about non-EU languages? In particular: Chinese and Russian
July 10, 2020

In our previous post, we discussed the issue of terms that are descriptive in English but still lead to likelihood of confusion on an EU level, given the General Court’s belief that " …if the word is…

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Luminita Olteanu (PhD Candidate, University College London)
Ads out of control: the CJEU reaffirms that independent third-party reproduction of infringing signs is not ‘use’ within the meaning of Article 5(1) of Directive 2008/95/EC
July 08, 2020

On 2 July 2020, the Court of Justice of the European Union (“CJEU”) handed down another decision which interprets the mercurial concept of ‘trade mark use’. Case C-684/19 - mk advokaten is a…

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Michal Bohaczewski (University of Warsaw)
Neither identical nor similar but ‘substantially equivalent’: says AG Pitruzzella with respect to the marks filed by an unfaithful agent
May 25, 2020

On 30 April 2020, Advocate General Giovanni Pitruzzella (AG) delivered his opinion in the matter C809/18 P related to the conditions for application of Article 8(3) of Regulation 2017/1001 which…

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Aron Laszlo (Oppenheim Legal)
Gömböc, stand up for your rights: CJEU rules on trademarkability of shapes
May 06, 2020

CJEU’s recent preliminary ruling in Gömböc Case C-237/19 highlights assessment criteria regarding the registrability of shapes of goods as trademarks. The shape of the Gömböc was refused trademark…

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Verena von Bomhard (BomhardIP)
Not all trees are magic: Julius Sämann loses before the General Court
February 25, 2020

    On 30 January 2020, the General Court of the European Union confirmed the Board of Appeal’s decision rejecting the opposition brought by Julius Sämann against the EUTM application for…

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Kai Schmidt-Hern (Lubberger Lehment )
High Court of Frankfurt on Keyword Advertising – “Interflora” in reverse
January 31, 2020

Facts The plaintiff provides orthodontal treatment under his trade name Polzar. The defendant runs a network of orthodontists which assists them in marketing their services. The defendant had placed…

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Cameron Malone-Brown (Potter Clarkson LLP)
CJEU – Advocate General in Sky v. Skykick: Scoping Bad Faith
October 21, 2019

On 16 October 2019, the long-awaited opinion of Advocate General Tanchev was handed down in the case of Sky Plc & Ots v SkyKick UK Ltd & Anr (Case C-371/18). The opinion is couched in terms…

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Klaudia Błach-Morysińska
AIPPI London 2019: Kluwer IP Law Panel on Session Genuine Use of Trademarks
September 20, 2019

 London’s weather was very generous to AIPPI participants this year. It was not so hard to get up early and attend the breakfast panel on Genuine Use of trademarks organized by Wolters Kluwer as…

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