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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Solid 21, Inc. v. Hublot of America, United States Court of Appeals, Ninth Circuit, No. 15-56036, 24 March 2017
April 05, 2017

A federal district court in Los Angeles erred in concluding that Solid 21’s registered word mark RED GOLD was invalid because the mark was a generic term for jewelry items that were made of red gold…

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Julius Stobbs  (Stobbs IP)
Surprise defeat for the Tartan Army in Scotland
March 27, 2017

It is one of the quirks of the EUTM system that while rights can be granted and challenged centrally at the EUIPO, they can only be enforced through the national courts of EU member states. And…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
USA: In re DDMB, Inc, United States Court of Appeals, Federal Circuit, No. 2016-2037, 8 March 2017
March 22, 2017

The Trademark Trial and Appeal Board did not err in refusing to register the mark EMPORIUM ARCADE BAR and Design, absent a disclaimer of the word "EMPORIUM," in addition to the disclaimed term "…

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Julius Stobbs  (Stobbs IP)
Brexit resists Peer pressure: Art. 50 to be triggered on 29 March, despite resistance from the House of Lords
March 21, 2017

The British people have received confirmation that Art. 50 is to be triggered on Wednesday 29 March, in line with the timetable previously put forward by Theresa May (“PM”). Whilst this does not…

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Kai Schmidt-Hern  (Lubberger Lehment )
Somebody put Lionsgate in a Corner
March 20, 2017

Lionsgate and Dirty Dancing Lionsgate Entertainment Inc. owns the rights to the film Dirty Dancing, released in 1987. The film is iconic for its dance scenes and its message of love conquering…

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Friso Onderdelinden  (NLO Shieldmark)
Infringing artwork: no soft and fluffy Dutch court decisions
March 17, 2017

Being a fashion company is not easy, in two ways. First, you have to be careful what to print on your clothing, even when this is meant as decorative artwork. On the other hand, you have to be…

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Erica Vaccarello  (De Simone & Partners S.P.A.) , Fabio Angelini  (Bugnion S.p.A)
LAMBRETTA...did it run?
March 13, 2017

  After some 10 years, the Lambretta saga has finally come to an end, but it might not really matter that much… anymore. LAMBRETTA is a famous vintage brand for scooters, which has been acquired…

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Ulrich Hildebrandt  (Hildebrandt.)
EU Trademark and Claim to Information and Compensation: BGH I ZR 253/14 of 12.1.2017 World of Warcraft II
March 12, 2017

World of Warcraft (WoW) is a massively multiplayer online role-playing game (MMORPG) released in 2004 by Blizzard Entertainment. World of Warcraft takes place within the fantasy Warcraft world of…

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Lasse Skaarup Christensen  (Gorrissen Federspiel) , Louise Thorning Ahle  (Zacco Advokatanpartsselskab)
Geographical Indications are strong IP-rights - or should be…
March 03, 2017

In the latest judgement of the General Court (hereafter GC) on Geographical Indications (hereafter GIs or GI) T 510/15 TOSCORO (versus the GI TOSCANO) the mark applied for was declared partially…

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David Leffler  (Cirio Law Firm)
Sweden: The mark “Taxi Stockholm” distinctive and enforceable for taxi services
March 03, 2017

The Swedish Patent and Market Court (the “PMD”) has, on appeal from the Swedish Patent- and Registration Office, invalidated the registration of a trademark containing, among others, the words “Taxi…

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