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IP Cases & Articles
Rubik's Cube - twists & turns
The Court of Justice of the European Union (CJEU) has confirmed that when considering Article 7(1)(e)(ii) (that a mark consists exclusively of the shape of goods necessary to achieve a technical result) extrinsic evidence may be relevant, such as descriptions filed at the time of the application. -
IP Cases & Articles
Infringement of EUTMs: issues of jurisdiction and the geographical scope of injunctions
In this article we review two recent decisions which consider the jurisdiction of national courts over infringement of European Union Trade Marks (EUTM(s)) and the geographical scope of injunctions to be granted in cases of infringement of an EUTM. -
IP Cases & Articles
IPEC considers passing off based on get-up: TALA cups
This case provides a very useful overview of the tricky area of passing off based on get-up; an issue which has always sat rather uncomfortably with public perception. -
IP Cases & Articles
Third party liability for unauthorised sale of goods
The Court of Appeal has confirmed that third parties (including companies) can be liable for prosecution if they sell, offer for sale, distribute or possess with a view to distribute, 'grey market goods', that is goods bearing a trade mark, where a trade mark proprietor has given consent to have… -
IP Cases & Articles
No go for Nero logo: GC rejects Caff Nero appeal
In two related decisions, the EU General Court (GC) has rejected two applications by Caffè Nero Group Ltd to register the name Caffè Nero and its company logo. -
IP Cases & Articles
Problem child: CJEU dismisses BAMBINO LK appeal
The Court of Justice of the European Union (CJEU) has rejected an appeal against the General Court's (GC) decision refusing to register the applicant's figurative mark BAMBINO LÜK as an EU trade mark (EUTM) for various goods due to likelihood of confusion with an earlier BAMBINO figurative mark, despite the… -
IP Cases & Articles
Domain names: No roving on Jaguars cyber land
Famous worldwide as a manufacturer of premium vehicles, Jaguar Land Rover Limited (the complainant) owns numerous trade marks, including Australian national trade marks, for JAGUAR, LAND ROVER and RANGE ROVER. -
IP Cases & Articles
Use it or lose it - what qualifies as genuine use?
Trade mark proprietors are often faced with the ultimatum 'use it or lose it', but when asked to provide evidence of genuine use of your mark, how far can your actual use stray from the mark as registered? -
IP Cases & Articles
Distinctive character. Music to your ears - not!
In this case the General Court (GC) confirmed that sound marks need to be in tune with distinctive character to achieve registration. -
IP Cases & Articles
Pleased as punch - confusion strikes again
When push came to shove, the General Court (GC) dismissed an appeal against the European Intellectual Property Office (EUIPO) Board of Appeal's finding that there was a likelihood of confusion under Article 8(1)(b) EUTMR between the word marks PUSH and PUNCH for identical goods, being various tobacco products in class…
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