The CJEU judgment of 11 October 2017 in the CACTUS matter (C-501/15 P) surprised twofold: first, the CJ held that EUTMs from before July 2005 that covered all class headings in class 35 automatically…
On September 21, 2017, the European Court of Justice (CJEU) issued another important decision on designs (joined cases C-361/15 and C-405/15). Among several other issues, possibly the most relevant…
Earlier in September, a task force representing the European Union Commission released a position paper to the EU27, setting out their preliminary position on the continued protection of IP rights in…
Last month the Dutch District Court of The Hague decided in case C/09/520643 / HA ZA that there is no likelihood of confusion between SINA rice and SITA rice. This is somewhat remarkable considering…
Combining trademarks with further elements or sub-brands is quite popular. A recent decision of the German Federal Supreme reminds once more what to watch out for if you do not want to lose your…
The Court of Justice has rendered a crucial decision on the jurisdiction of the Community design courts over European co-defendants and the national law applicable to the measures sought.
Nintendo…
The Regional High Court of Frankfurt rendered an interim injunction on appeal, which may have a great impact on the question if and to which extent the owner of an earlier trade mark can take action…
Increasingly, it seems that complex trademark cases are not always decided on the basis of trademark law and EUTMR alone but also on the basis of general legal principles, such as estoppel (in Danish…
Muesli - denied recognition in its birth place (T-103/16)
Refusal of EUTM application for based on earlier mark ALPEN for cereals
For many Europeans, the Alps are a common denominator…
This case concerns the first appeal from a Hearing Officer of the UK Intellectual Property Office ("UK IPO") to the Scottish Court of Session.
The dispute at issue was between CCHG Limited t/a…
