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Isabelle Kuschel  (Hoffmann Eitle)
“Burlington Arcade vs. Burlington” – ECJ provides guidance as to the applicability of the “Praktiker” decision on trademarks registered before the decision
July 08, 2021

Last year, the European Court of Justice (ECJ) took a decision clarifying the effects of the “Praktiker” decision on trademarks registered for “retail services” without further specifications in…

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Aron Laszlo  (Oppenheim Legal)
The Black Soup: a Hell of a Coffee
April 27, 2021

Can coffee be hell? Of course, bad coffee, we knew that. On the other hand, the General Court (GC) has recently confirmed that the sign “HELL” can be protected for coffee-related products as an EU…

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Kluwer Patent Blog
Top 3 Posts of the Winter from our IP Law Blogs
March 18, 2021

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 top 3 most-read posts from each of our…

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Katharina Schmid  (schmid-ip)
Tax haven licensing manoeuvres fall through legal cracks
February 13, 2021

This is about how a hugely successful Austrian furniture giant turned the wheels a bit too far trying to save taxes through restructuring and licensing. An Austrian story, which, however, could…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
Is the CJEU finally reconsidering LOC for weak marks? PRIMA v. PRIMART
August 31, 2020

How many times in the course of a trademark clearance have you discovered that clearly,  descriptive trademarks - usually registered because of some tiny stylization or unremarkable imagery – have…

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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  (Bugnion S.p.A) , 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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