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Julius Stobbs  (Stobbs IP)
Nestlé loses latest trade mark battle in the UK with Cadbury over KitKat shape
January 22, 2016

On 20 January 2016, the Chancery Division of the High Court issued its judgment on the latest appeal concerning Nestlé’s attempt to register the 3D shape of its four-fingered bar. Sadly for Nestlé,…

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Inmaculada González López  (BomhardIP)
Arctic times for infringers: the licensee can enforce a CTM although the license has not been recorded says the Advocate General
January 22, 2016

In his opinion of 17 December 2015 (Case C-163/15) concerning the trade mark ARKTIS, Advocate General Wathelet proposes that recordal of the license is not a necessary condition for the licensee to…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Are you using your black and white trademarks correctly?
January 22, 2016

17 IP-Offices of the European Trademark and Design Network, including OHIM, have agreed on a Common Practise regarding the scope of protection of black and white (hereafter B&W) marks. See Common…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
The new Swissness legislation: Stricter rules for “Made in Switzerland”
January 21, 2016

On January 1, 2017, the new Swissness legislation will come into force. A last minute attempt to stop the new legislation - which some consider overly complex - has recently been refused. The…

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David Leffler  (Cirio Law Firm)
Swedish CTM-case heads to Luxembourg
January 21, 2016

The Swedish Supreme Court has requested a preliminary ruling from the CJEU in respect of an infringement case involving a CTM in Sweden.   LF trademark as used The case involves the Swedish…

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Verena von Bomhard  (BomhardIP)
CP3 in practice: descriptive terms are difficult to register solely on account of stylization
January 15, 2016

In two judgments rendered on 14 January 2016, the General Court confirmed OHIM’s refusal of stylized marks whose verbal elements were descriptive or non-distinctive. It is a coincidence that both…

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Carolina Pina  (Garrigues)
A LOOK AT KEYWORD ADVERTISING DECISIONS IN SPAIN
January 12, 2016

This article looks at whether advertisers and referencing service providers, such as Google or Bing, involved in keyword advertising can be held liable in Spain on grounds of trademark infringement…

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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Peter Kiewit Sons’, Inc. v. Wall Street Equity Group, Inc, United States Court of Appeals, Eighth Circuit, No. 14-3461, 6 January 2016
January 11, 2016

Florida businessman Steven S. West was liable for over $913,000 in damages for infringing a service mark held by Omaha-based construction and mining company Kiewit Sons’, Inc., the U.S. Court of…

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Jody Coultas  (CCH)
USA: The Board of Directors of Sapphire Bay Condominiums West v. Simpson, United States Court of Appeals, Third Circuit, Nos. 14-3922, 21 December 2015
December 30, 2015

The Board of Directors of Sapphire Bay Condominiums West was unable to state Lanham Act claims against a disgruntled condominium owner who operated a website to complaint about the Board, according…

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Lasse Skaarup Christensen  (Gorrissen Federspiel)
Tightening of the Danish Practice on distinctiveness in relation to figurative marks
December 22, 2015

The IP offices of the European Trade Mark and Design Network, including the Danish Patent and Trademark Office have agreed on a Common Practice in relation to when a figurative mark, containing…

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