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Florica Rus, Verena von Bomhard (BomhardIP)
De-branding and rebranding are trademark infringements! CJEU on Mitsubishi forklift trucks matter
August 27, 2018

    On 25 July 2018 (C-129/17), the CJEU decided that de-branding and rebranding of goods prior to any trade within the EEA without the trademark proprietor’s consent constituted ‘use in…

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Lasse Skaarup Christensen, Kathrine Spinner Madsen (Gorrissen Federspiel)
The technical function of a potato snack
August 25, 2018

On the 21 March 2018 the Danish Board of Appeal (“The Board”) delivered its decision regarding the trademark protection of the shape of the following potato snack (decision no. AN 2017 00006):…

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Jérôme Pernet (Tradamarca)
Switzerland – a review of the newly introduced administrative non-use revocation action
August 24, 2018

An administrative non-use revocation action has been available in Switzerland since January 1st, 2017. This action can be filed before the Swiss Trademark Office (IPI) against both National Swiss…

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Erica Vaccarello (De Simone & Partners S.P.A.)
Kiko raises an eyebrow to Wycon's makeover
August 23, 2018

Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked…

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Janice Bereskin (Smart & Biggar LP)
Canada: planning for the new trademark law
August 22, 2018

More than four years since major amendments to the Canadian Trademarks Act were passed, the government has signaled that implementation is finally expected in the spring of 2019. These changes are…

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Slobodan Petošević (PETOSEVIC)
Grace Period From Association Agreement With the EU Directly Applicable in Ukraine
August 22, 2018

 As reported earlier this year, in a ruling dated February 12, 2018 by the Commercial Court of Kyiv in the case no. 910/14972/17, the judge effectively applied a five-year non-use grace period,…

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Jody Coultas (CCH)
Trademark case: Lassoff v. Amazon.com, Inc., USA
August 21, 2018

The U.S. Court of Appeals affirmed a Seattle district court’s dismissal of trademark infringement and false advertising claims filed against Amazon.com, Inc. by a seller on Amazon. The district court…

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Cheryl Beise (Wolters Kluwer Legal & Regulatory US)
Trademark case: Excelled Sheepskin & Leather Coat Corp. v. Oregon Brewing Company, USA
August 10, 2018

In a trademark dispute over use of the brand name ROGUE for clothing, the federal district court in New York City erred by ruling on summary judgment that an apparel manufacturer was the rightful…

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Julius Stobbs (Stobbs IP), Cameron Malone-Brown (Potter Clarkson LLP)
Brexit: Assurances on preservation of rights
July 31, 2018

After many months of uncertainty, we have now received a degree of assurance as to the manner in which EUTM and RCD rights will persist in the UK following Brexit. This assurance has come from Robin…

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Verena von Bomhard (BomhardIP)
CJEU on the Kit Kat shape and acquired distinctiveness of EU trade marks for shapes
July 27, 2018

  On 25 July 2018, the CJEU handed down its ruling in the latest edition of the battle between Nestlé and Mondelez over the KIT KAT shape (C-84, 85, 95/17 P). This time, the discussion focused…

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