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IP Cases & Articles
Too much time for “live� - Facebook v Voxer IP: struggles with equivalence in a post-Actavis world
In this recent case, Facebook’s live broadcast feature was found not to infringe Voxer’s patent related to exchanging messages in “live� and “time-shifted� communication modes. Specifically, it was deemed that a minimum 10-second delay between content being captured by one user and being viewed by another user was “just too… -
IP Cases & Articles
Slovenia has ratified the Protocol to the Agreement on a Unified Patent Court (UPC) on provisional application (PPA) and the UPC Agreement (UPCA)
On 15 October 2021, the Slovenian Government deposited the instrument of ratification for the PPA and the UPCA. -
IP Cases & Articles
GENGHIS KHAN decision highlights importance of industry peculiarities to unregistered company rights
A famous German music producer and founder of the band Genghis Khan, has brought an infringement action against the band’s former lead singer in a counter attack at the Munich courts, based on unregistered rights to the band name, as well as other grounds. This came after the defendant attempted… -
IP Cases & Articles
Oktoberfest – how a local festival became a world-famous brand
It is the end of September and normally the city of Munich would be crowded with tourists from all over the world to celebrate the Oktoberfest, Wiesn or, as the citizens of Munich also call it, the “fifth season�. Unfortunately, this event – which first took place in 1810 –… -
IP Cases & Articles
Germany has ratified the Protocol on the Provisional Application of UPC Agreement
Germany has ratified the Protocol on the Provisional Application of UPC Agreement (PAP-Protocol) and paves the way for the Unified Patent Court (UPC). -
IP Cases & Articles
Appeals court rejects Steiff’s claims of infringement on bear mark
The use of symbols and motifs on garments has, in the recent past, been discussed before the courts. A prominent recent example for the European Union may be the COFEMEL case on copyright protection (12 September 2019, Case C-683/17). In German case law, the qualification of the model designation SAM… -
IP Cases & Articles
Guerlain’s lipstick shape indicates product origin in the EU
The French cosmetics company Guerlain was recently successful in getting trade mark protection in the European Union for a particular lipstick shape (judgment of 14 July 2021, Case T-488/20). -
IP Cases & Articles
Sky v SkyKick: Court of Appeal issues judgment
The Court of Appeal has issued its judgment in the SKYKICK saga. To re-cap, the case concerned the validity of trade marks (i) covering overly broad and/or unclear/imprecise specifications and (ii) where an applicant does not have an intention to use the mark for all goods/services covered. -
IP Cases & Articles
Vans v Paredes: when is a V not a V?
Paredes Holding Center (Paredes) filed an EUTM application for the position mark shown below in respect of safety and protective footwear in class 9 and footwear goods in class 25: -
IP Cases & Articles
HelloFresh successfully opposes rival trade mark “Halal Fresh�
Halal Fresh Ltd applied to register the trade mark shown below left in relation to classes 29 and 31 (vegetables; fresh fruits, nuts, vegetables and herbs). HelloFresh SE successfully opposed the application on the grounds of likelihood of confusion, detriment to reputation/distinctive character and passing off.
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