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Benjamin Fontaine  (Plasseraud)
Registration of the protected designation of origin “HALLOUMI” in the EU – The General Court comes to the rescue of the European Commission and of the Republic of Cyprus
March 27, 2024

My 20-year old son Victor has started reading Homer’s Iliad. When he is done, I will suggest him the reading of the whole HALLOUMI story, which is as epic as the ancient poems. Epics are the stories…

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Julius Stobbs  (Stobbs IP) , Gino van Roeyen  (LAWNCH)
'Don't fence me in': what if your locally used trade name is in between one proprietor's earlier trade name and a corresponding younger trade mark? - the finale of the Classic Coach Company case
March 25, 2024

In her 'Happy new year' (30 December 2022) post on this blog 'Trademarks in Luxembourg' Verena von Bomhard shortly referred to the ECJ's Classic Coach (C-112/21) decision of 2 June 2022 as relating…

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Julius Stobbs  (Stobbs IP) , Richard Ferguson  (Stobbs IP)
Samsung v Swatch: the UK Court of Appeal departs from the EU approach to the E-Commerce Directive ‘safe harbour defence’
March 21, 2024

Recent posts have examined the UK courts’ approach to IP law post-Brexit, and have examined decisions handed down shortly before the coming into force of REULA on 1 January 2024 (the UK legislation…

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Verena von Bomhard  (BomhardIP)
Healthy things and Paris Bar – two new GC decisions on “weak marks”
March 15, 2024

  On 13 March 2024, the General Court (3rd and 7th Chamber) issued two judgments dealing with weak marks in the sense the most trademark practitioners applaud, namely granting descriptive…

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Michal Havlik  (Havlik Svorcik & Partners)
Information claim the Czech way: smell of partial victory for Chanel against online retailer
March 13, 2024

The Prague High Court as an appellate court issued its judgment in the case of Chanel S.A.S. against Notino s.r.o. (3 Cmo 107/2022-384 dated 28 November 2023) after an almost six-year legal battle…

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Julius Stobbs , Emma Dixon  (Stobbs IP)
UK trade mark law post-Brexit: the UK Court of Appeal diverges from the CJEU in statutory acquiescence
March 12, 2024

At the end of last year, and shortly before the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’) came into force in the UK on 1 January 2024 (the legislation that officially brought an end…

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Peter Schramm  (MLL Meyerlustenberger Lachenal Froriep AG)
Pimp my Rolex…
March 08, 2024

The Swiss Federal Supreme Court decided that the customisation of branded items on behalf of the watch-owner does not violate trademark law In its Judgement of 19 January 2024, the Swiss Federal…

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Julius Stobbs , Emma Dixon  (Stobbs IP)
UK trade mark law post-Brexit: the Advancetrack case examines REULA and the TMA 1994
March 08, 2024

The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law (Revocation and Reform) Act 2023 (‘REULA’). This is the first of two…

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Agnieszka Sztoldman  (Osborne Clarke, University of Wrocław)
CJEU rules (again) on shifting burden of proof in Hewlett-Packard case
March 07, 2024

On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following its five rulings of 17 November 2022 including C-175/21…

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Matthew Hersh  (Wolters Kluwer Legal & Regulatory)
Trademark case: Punchbowl, Inc. v. AJ Press, LLC, USA
March 05, 2024

A news publication could not rely on First Amendment protection for its use of a mark even though it made no attempt to parody the original. A news publication named with a common English language…

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