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Peter Reap  (Wolters Kluwer Legal & Regulatory US)
USA: Pronman v. Styles, United States Court of Appeals, Eleventh Circuit, No. 15-12651, 9 March 2016
March 23, 2016

The federal district court in West Palm Beach, Florida, did not commit reversible error in granting the operators of a complaint website, Brian Styles and Samantha Styles, summary judgment on claims…

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Jonathan Clegg  (Cleveland Scott York)
UK: ‘Wrong way round’ confusion won the day in Court of Appeal Decision
March 21, 2016

The UK Court of Appeal recently upheld the High Court’s decision that the use of ‘glee’ by Twentieth Century Fox (‘Fox’) as the name of its comedy TV series infringed an earlier trade mark…

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Inmaculada González López  (BomhardIP)
SPAIN: THE LILA MOP. THE SCOPE OF PROTECTION OF FIGURATIVE MARKS CONSISTING OF THE TWO-DIMENSIONAL REPRESENTATION OF A PRODUCT
March 21, 2016

The Spanish Supreme Court recently had to consider the likelihood of confusion between the representation of a lila mop registered as a two-dimensional trade mark and another party’s actual product,…

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Ulrich Hildebrandt  (Hildebrandt.)
Conversion of a Community Trademark: German BGH I ZR 15/14 of 23.9.2015 Amplidect/ampliteq
March 21, 2016

In September 2015 the German Bundesgerichtshof (BGH), Germany’s highest civil court, decided questions regarding the conversion of a Community Trademark into a national German trademark. The outcome…

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João Paulo Mioludo  (CMS Rui Pena & Arnaut)
Portugal: Recent Decision of Appeal Court on “misleading trademarks”
March 16, 2016

The Lisbon Court of Appeal has recently confirmed a decision – debatable, as we will further develop - from the IP Court. In this matter, a wine company owns a trademark “QUINTA DE PANCAS”, which…

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João Paulo Mioludo  (CMS Rui Pena & Arnaut)
Portuguese Supreme Court clarifies status period for annulment
March 16, 2016

Throughout the years the correct interpretation of article 266, paragraph 4, of the Portuguese Industrial Property Code (PIPC) was unclear. This provision states that annulment actions must be filed…

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David Leffler  (Cirio Law Firm)
Sweden: First judgment on reputation following CJEU’s IMPULSE-judgment
March 10, 2016

On March 3, the Swedish Court of Patent Appeals (‘PBR’) delivered a judgment on the effect of a reputed EUTM in a single member state. PBR held that even if the EUTM ‘SKY’ et al were extensively used…

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Jody Coultas  (CCH)
USA: JBLU, Inc. v. United States, United States Court of Appeals, Federal Circuit, No. 2015-1509, 2 March 2016
March 10, 2016

The U.S. Court of Appeals for the Federal Circuit reversed a trial court’s ruling that JBLU, Inc. violated the Tariff Act of 1930 by importing jeans that were not properly marked with their country…

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Charles Gielen  (NautaDutilh)
Court of Appeal - The Hague: confusing similarity between the device mark of Lacoste and the word mark EAU CROCO
March 09, 2016

In a recent decision, the Court of Appeal of The Hague concluded that there is a confusing similarity between Lacoste's device mark consisting of a picture of a crocodile, registered for (among other…

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Michaela Ring  (Hoffmann Eitle)
Share a Coke – but only with fluting.
March 08, 2016

On February 24, 2016, the General Court dismissed an action of the Coca-Cola Company and confirmed the decisions of OHIM and the Board of Appeal (case R 540/2013-2) by ruling that the known shape of…

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