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João Leitão Figueiredo  (CMS)
Exhaustion of the rights conferred by a trade mark: Exceptions
July 14, 2016

The legal concept of exhaustion of the rights conferred by a trade mark was transposed to the Portuguese Industrial Property Code following the approval of Directive 89/104/CEE of 21.12.88. The…

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João Leitão Figueiredo  (CMS)
Trade mark Parody: a trade mark infringement?
July 13, 2016

Parody, in its utmost simplistic notion, has been an integral part of society and social relationships. The southern European countries, such as Portugal, have long embraced the notion of parody and…

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Michal Havlik  (Havlik Svorcik & Partners)
Czechia : Acquiescence causes rejection of trademark owner’s claim for recovery of domain name
July 08, 2016

The facts of the case litigated between Gulf Oil Benelux and Milan Vondal before the Prague High Courts prima facie appear to be a typical scenario of a domain name dispute. Yet, the owner of an…

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Julius Stobbs  (Stobbs IP)
Brexit: where next for EUTMs?
July 07, 2016

 All conversation (about trade marks at least) in the UK relates to Brexit at the moment. A lot has been written when in all honesty there is very little to say. Verena’s post on 28th June is…

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Lasse Skaarup Christensen  (Gorrissen Federspiel) , Louise Thorning Ahle  (Zacco Advokatanpartsselskab)
Denmark: Do you envy the power of ENVIPOWER AS? - how close can you go?
July 07, 2016

A recent decision of the Danish Trademark and Patent Office (hereafter DKPTO) shows the narrow scope of protection of company names under Danish law. It is possible to base an opposition before EUIPO…

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Verena von Bomhard  (BomhardIP)
BREXIT and Impact on EU trademarks and design rights
June 28, 2016

 Early in the morning of the 24 June 2016 it was announced that, by a slim majority of 51.9% to 48.1% of the participating voters, the decision had been taken for the UK to leave the EU. While…

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Slobodan Petošević  (PETOSEVIC)
Urgent Trademark Filings in Kosovo
June 23, 2016

Kosovo PTO requires an original PoA for every filing, as of a couple of weeks ago. One would have to dispose of an unlimited number of PoAs signed in advance in order to make effective filings…

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Kai Schmidt-Hern  (Lubberger Lehment )
Top Level Judges on Top Level Domains
June 22, 2016

Weapon of Choice: Protection of Names under Civil Law Before German courts, the best weapon against bothersome domain name registrations is not trademark law, but civil law. Sec. 12 of the German…

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Bettina Clefsen  (b/cl IP)
Parallel import - German court gives trademark owner the right to demand a specimen from parallel importer of medical devices
June 16, 2016

The Higher District Court of Düsseldorf had to decide whether the parallel importer of medical devices also had to provide the trademark owner at its request with a specimen of the re-labelled…

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Verena von Bomhard  (BomhardIP)
EUIPO Boards of Appeal: expedited appeal proceedings are now possible
June 13, 2016

There is no official fee for requesting expedited proceedings. A request must be filed at the same time as filing the notice of appeal together with its statement of grounds or, for respondents, when…

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