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Inmaculada González López  (BomhardIP)
SPAIN: LUXURY BRANDS DESERVE LUXURY ONLINE SALES PLATFORMS
August 16, 2016

In a decision of 22 April 2016, the Spanish Supreme Court has clarified the circumstances in which the commercialization of original luxury products through Internet sale platforms outside a…

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Bettina Clefsen  (b/cl IP)
German Federal Patent Court: Unitary character of the EU trademark: Yes, but... - OXFORD CLUB
August 13, 2016

A recent decision of the Federal Patent Court in Germany (Decision of 1 March 2016 on Case 29 W (pat) 33/13) shows that the unitary character of an EU trademark (EUTM) does not necessarily mean that…

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David Leffler  (Cirio Law Firm)
Sweden: James Bond, tobacco and the reputation of 007
August 12, 2016

In a decision of June 15, 2016 the Swedish Court of Patent Appeals rejected the application for the word mark “007” in relation to tobacco and smoker’s articles on the basis that it would take unfair…

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Anja Wulff  (Lubberger Lehment )
German company names: forfeiture of the claim for injunction relief - BGH I ZR 50/14 of 05.11.2015 ConText
August 09, 2016

In one of its latest decisions (I ZR 50/14 of November 5, 2015 - ConText) the Bundesgerichtshof (Federal Court of Justice)  has ruled that the forfeiture of a claim requesting injunction relief due…

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Julius Stobbs  (Stobbs IP)
UK: GLAXO V SANDOZ: What is a registrable sign and choice of forum for invalidity of an EUTM
August 05, 2016

Last month saw an interesting case before the UK High Court in relation to a counterclaim to trade mark infringement for a declaration that the EUTM in question was invalid as the registration was…

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Michaela Ring  (Hoffmann Eitle)
Germany's most famous castle has been fortified
August 04, 2016

On July 05, 2016, the General Court confirmed the decisions of the invalidity department and the Boards of Appeal of the EUIPO and decided that the EU word mark "NEUSCHWANSTEIN", registered by the…

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Mark Engstrom  (Wolters Kluwer Legal & Regulatory US)
USA: Phoenix Entertainment Partners, LLC v. Rumsey, United States Court of Appeals, Seventh Circuit, No. 15-2844, 21 July 2016
July 29, 2016

Slep-Tone Entertainment Corp. and its successor in interest, Phoenix Entertainment Partners LLC (collectively, "Slep-Tone"), failed to plausibly allege consumer confusion in its trademark…

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Julia Holden  ( Trevisan & Cuonzo)
Personal Name Rights and Professional Fairness: The Italian Supreme Court on the Fiorucci Case
July 26, 2016

 According to a recent decision of the Italian Supreme Court, it is no longer possible for an original name ‘proprietor’ to use his or her  personal name as a distinctive sign once it has been…

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Bartosz Krakowiak  (POLSERVICE)
The EU Commission publishes its guidelines on counterfeit goods in transit
July 19, 2016

On July 5, 2016 the EU Commission published its “notice on the customs enforcement of Intellectual Property Rights concerning goods brought into the customs territory of the Union without being…

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Katharina Schmid  (schmid-ip)
Priority conflicts between trade names and trademarks in Austria: Defence of prior trade name in trademark cancellation actions
July 15, 2016

Company A has rights to the tradename “IST” since 2003, and an Austrian trademark “iST” (fig), with a priority of 2011. Company B also has rights to the trade name “IST”, since 2009. Can Company A…

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