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Casey Joly  (ipSO)
Using the inspiration of a moodboard is not copying
February 10, 2021

Famous young pop singer, Aya Nakamura has sold millions of albums and made a name for herself in France and Europe-wide. Recently, her accomplishments extended to the IP field as well when Kyo Jino,…

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Julius Stobbs , Barbara Niemann Fadani  (Stobbs IP)
Brexit - The Calm after the Storm (IP rights only)
February 08, 2021

The crucial date 31 December 2020 has passed and we are now a month into 2021. Even though, in the last two months, the relationship between the UK and the EU had highly dramatic moments, from an IP…

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oatly
Verena von Bomhard  (BomhardIP)
EU: Slogan IT’S LIKE MILK BUT MADE FOR HUMANS registrable
February 08, 2021

On 20 January 2021, the General Court handed down its judgment in the slogan case brought by Oatly AB against the EUIPO’s refusal to register “IT’S LIKE MILK BUT MADE FOR HUMANS” (Case T‑253/20). The…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Fleet Feet Inc. v. NIKE Inc., USA
February 03, 2021

NIKE no longer had a legally cognizable interest in the validity of the preliminary injunction. NIKE, Inc., was precluded from appealing a district court’s preliminary injunction issued in November…

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Thomas K. Lauletta  (Wolters Kluwer Legal & Regulatory US)
Trademark case: InteliClear LLC v. ETC Global Holdings Inc., USA
January 28, 2021

Genuine issues of material fact existed regarding whether the plaintiff’s electronic system for managing brokerage accounts contained protectable trade secrets. Trade secrets misappropriation claims…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
CJEU: The EUTM unitary character requires a homogenous application of procedural rules, including in counterclaims for revocation.
January 22, 2021

In the absence of specific EU provisions, EU national court shall apply in regard to EUTM registrations the applicable national law pursuant to art. 129 EU Reg. 2017/1001 (EUTM Regulation). However,…

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Kevin M. Finson  (Wolters Kluwer Legal & Regulatory US)
Trademark case: North 61 LLC v. Sjoklaedagerdin Hf., USA
January 19, 2021

The applied-for mark NORTH 61 was properly refused because it produced a similar commercial impression to the mark 66° NORTH when both were used for apparel and retail services. The proposed mark…

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Panayotis Geroulakos  (Lawyer, former Head of Opposition Division at the EUIPO, Litigator before the EU Courts)
The New Trade Mark Law of Cyprus
January 04, 2021

On 12 June 2020, the new Cypriot Law on Trademarks, No 63(I) of 2020, entered into force. Despite its successive amendments, the previous law, dating from 1962, needed a radical overhaul to meet the…

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Verena von Bomhard  (BomhardIP)
CJEU on EU trademark appeals in 2020 – year in review
December 30, 2020

    Here‘s a look-back on the year that is about to end, with a promise not to say anything about Covid, Brexit, or Trump! This is about CJEU rulings in 2020 concerning appeals filed in…

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Cheryl Beise  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Car-Freshner Corp. v. American Covers LLC, USA
December 29, 2020

The record, however, supported that "Bayside Breeze" mark was not infringed by "Boardwalk Breeze" as a matter of law. In a trademark infringement suit between competing sellers of automotive air…

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