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Katharina Schmid  (schmid-ip)
On branding practices and lack of distinctiveness in position marks - two parallel stripes on the side of a shoe are not distinctive per se
December 11, 2024

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…

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Timothee Charmeil  (Lawyer at Elvinger, Harvard Law School Graduate)
Greenwashing in Investment Funds: Financial Law as a New Ally for Trademark Law?
October 31, 2024

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…

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Katharina Schmid  (schmid-ip)
“Sophienwald” again: the General Court confirms descriptiveness of a historical geographical indication
July 22, 2024

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…

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Benjamin Fontaine  (Plasseraud)
Registration of the protected designation of origin “HALLOUMI” in the EU – The General Court comes to the rescue of the European Commission and of the Republic of Cyprus
March 27, 2024

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…

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Julius Stobbs , Emma Dixon  (Stobbs IP)
UK trade mark law post-Brexit: the Advancetrack case examines REULA and the TMA 1994
March 08, 2024

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…

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Kluwer Patent Blog
Top 3 posts of the autumn from our IP law blogs
December 04, 2023

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…

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Kai Schmidt-Hern  (Lubberger Lehment )
RAVE THE PLANET – General Court on Figurative Elements
December 02, 2023

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…

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Aron Laszlo  (Oppenheim Legal)
Your Art, My Business?
September 04, 2023

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…

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Agnieszka Sztoldman  (Osborne Clarke, University of Wrocław)
CJEU rules on the procedural autonomy of national courts acting as EU trade mark courts
September 01, 2023

In Case C-654/21, the CJEU ruled on a reference for a preliminary ruling from the Sąd Okręgowy w Warszawie (XXII Division of the District Court in Warsaw, Poland) in a dispute between two individuals…

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Kluwer IP Reporter
Trademark News: What you might have missed in August 2023
August 31, 2023

All trademark news that you might have missed last month in one convenient overview. Read up on the latest news reported by the Kluwer IP Reporter. Madrid Protocol fees revised for New Zealand Based…

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