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IP Cases & Articles
Gold for the win Supreme Court upholds protection for Lindt bunny
On 29 July 2021 the Supreme Court handed down its decision (ZR 139/20), which confirmed that the gold colour of the Lindt gold bunny can enjoy non-registered trademark protection in Germany. -
IP Cases & Articles
Appeals court rejects Steiffs 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
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
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
G2/21: questions on the correct plausibility standard referred to the Enlarged Board of Appeal
We recently reported on the provisional referral of three questions to the Enlarged Board of Appeal by the Board of Appeal presiding over case T 116/18, an appeal from the decision of the Opposition Division rejecting Syngenta’s opposition against Sumitomo’s European Patent 2484209. The European Patent Office (EPO) has now… -
IP Cases & Articles
Oppositions flock to BLACK SHEEP RESTAURANTS
Black Sheep Restaurants Limited applied to register the figurative EU trade mark shown below, featuring a sheep device above the wording “BLACK SHEEP RESTAURANTS”, for “restaurant services” and “services for providing food and drink” in class 43. -
IP Cases & Articles
WIPO update for Hague design applications designating Japan
In what is very welcome news, WIPO has recently announced a significant streamlining of international Hague registered design applications which designate Japan moving forward. -
IP Cases & Articles
The gravity of Brexit - post Brexit technical questions and a deadline reminder
The deadline of 30 September 2021 to file a UK application claiming priority from an EU trade mark application which was pending on 30 December 2020 has passed. We would like to thank all our clients for their timely instructions to meet this deadline. The run up to 30 September… -
IP Cases & Articles
Frida Kahlo: portrait of a woman
In 2019, Mara Cristina Teresa Romeo Pinedo applied to register the trade mark shown below at the EUIPO in relation to various goods in classes 3, 9, 14, 16 and 25. -
IP Cases & Articles
Trade mark defendant successfully establishes earlier use of ARCHANGEL ALCHEMY
In trade mark litigation, it is critical to consider all potential obstacles lying in the path of a successful outcome. Prior unregistered rights of an alleged infringer are just such obstacles, which can be easily overlooked or their importance misunderstood or misjudged. In the recent judgment Claire Stone v Alexandra…
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