On 10 April 2025, Advocate General (AG) Cápeta delivered her opinion in the matter EUIPO v Nowhere, C-337/22 P, also referred to as APE TEES. The opinion is both surprising and concerning. If the…
With its long-awaited BASMATI judgment of 20 June 2024, the CJEU dismissed EUIPO’s appeal.
According to the CJEU, the GC was right to uphold Indo’s action. The cease of effect of the earlier right…
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…
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…
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…
We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in various previous posts on this blog, the latest being the summary…
On AG Szpunar’s Opinion in Case C-801/22 P
BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other two are APE TEES (EUIPO v Nowhere, C-337/22 P) and SHOPPI (Shopify…
On 12 October 2022, the General Court decided on the invalidity action by Shopify, Inc. against the EUTM
for a number of goods and services in classes 9, 35, and 38 (T‑222/21). The GC confirmed the…
As with other aspects of trade mark law, the UK and EU have adopted asymmetrical arrangements about exhaustion post-Brexit. The arrangements result in uneven outcomes on enforcement against parallel…
