Back in 2021, Oatly, a Swedish manufacturer of oat drinks, obtained a registration for the trade mark POST MILK GENERATION in the UK for goods including milk substitutes, yoghurt substitute, and…
The CJEU's recent judgment in Lunapark (C-452/24) has sent shockwaves through EU trademark law by holding that national courts cannot limit trademark rights for reasons of tolerance beyond the…
We reported on Advocate General (AG) Cápeta’s opinion in the APE TEES case (C-337/22 P, aka Nowhere, the name of the applicant before the GC) here expressing the hope – in fact expectation – that the…
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…
The General Court (GC) has recently confirmed that the figurative European Union trademark no. 002810299 consisting of two parallel stripes on the side of a shoe lacked distinctiveness (T-307/23 of…
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…
The judgment of the General Court (GC) concerns a textbook case and addresses the typical arguments in trademark conflicts in the cosmetics sector.
Facts
The Applicant, Azalee Cosmetics, applied…
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…
