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Kai Schmidt-Hern  (Lubberger Lehment )
High Court of Frankfurt on Keyword Advertising – “Interflora” in reverse
January 31, 2020

Facts The plaintiff provides orthodontal treatment under his trade name Polzar. The defendant runs a network of orthodontists which assists them in marketing their services. The defendant had placed…

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Louise Thorning Ahle  (Zacco Advokatanpartsselskab)
HOLD ON TIGHT Denmark: The importance of obtaining a word mark registration for weak trademarks
January 29, 2020

Two sports companies, Sports Group Denmark A/S (“Sports Group”) and WaterNlife ApS (“WaterNlife”) conflicted over the use of ENDURANCE as a trademark for sports clothing. Sports Group had registered…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
Der Grüne Punkt: CJEU says yes to genuine use of the collective “recycling packaging” trademark
January 28, 2020

The CJEU quite often agrees with its General Court, so when it does not it’s always interesting to see why.  In the GC’s judgment (T-253/17, - here previously commented) the GC had considered…

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Joseph Arshawsky
Trademark case: V.V.V. & Sons Edible Oils Ltd. v. Meenakshi Overseas LLC, USA
January 23, 2020

A district court should not have applied the doctrine of claims preclusion in the primary dispute over the mark IDHAYAM, based on a prior TTAB proceeding, but the mark owner waived its claims as to…

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Enrico Bonadio  (City St. George’s, University of London) , Gianluca De Cristofaro  (University of Milan)
Harry and Meghan leave the Royal family … and seek to legally protect their brands – a move towards a successful business career?
January 20, 2020

The media bombshell was dropped by the Duke and Duchess of Sussex last week. In a widely reported announcement Harry and Meghan have unveiled their intention to step back from Royal life, embrace a…

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Julius Stobbs , Adeline Weber Bain  (Stobbs IP)
Brexit: Are we seeing the end of the tunnel?
January 17, 2020

Since our last article, so many things have happened that it is sometimes hard to follow what is going on! Here is a snapshot to keep you updated. As you all know, Boris Johnson has now replaced…

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Sara Parrello  (Bugnion S.p.A) , Fabio Angelini  (Bugnion S.p.A)
Evocation of geographical terms of a PDO/PGI. What elements should be taken into consideration?
December 30, 2019

In the past few weeks, almost contemporaneously, two courts cases dealt with the scope of protection of the PDO “Aceto Balsamico Tradizionale di Modena” and the PGI “Aceto Balsamico di Modena”. Both…

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Robert Margolis  (Wolters Kluwer Legal & Regulatory US)
Trademark case: Fabick Inc. v. JFTCO, USA
December 24, 2019

"Reverse trademark confusion" infringement theory suffices for liability but does not support recovery of infringer’s profits. The U.S. Court of Appeals in Chicago has affirmed a Wisconsin federal…

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Joseph Arshawsky
Trademark case: Engage Healthcare Communications LLC v. Intellisphere LLC, USA
December 19, 2019

There was no evidence that the firm’s marks achieved secondary meaning, and the same marks were being used as trademarks as well as service marks in the advertising space. Plaintiffs and Appellants…

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Jody Coultas  (CCH)
Trademark case: Piccone v. USPTO, USA
December 09, 2019

The attorney was unable to show that the USPTO’s decision was arbitrary or capricious. The U.S. Court of Appeals for the Federal Circuit affirmed a decision to dismiss an attorney’s challenge of his…

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