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IP Cases & Articles
Henkell: proof of use essential function of your mark
Henkell & Co Sektkellerei KG (Henkell), the producer of sparkling wine, wine and spirits in Europe owns European Union trade mark (EUTM) registration number 952770 PICCOLO for goods in classes 32 and 42, including 'wines' and 'sparkling wines'. The trade mark was registered in August 2011. -
IP Cases & Articles
Taking Storck of the situation back to square one?
Lack of distinctive character is a common obstacle to securing trade mark registration for product packaging, whether as a 3D shape mark; a 2D figurative representation of a shape; or a design contained within packaging. -
IP Cases & Articles
Mind the GAP! British American Group v GAP (ITM)
In a recent appeal to the High Court from a decision of the UK Intellectual Property Office (UKIPO), the judge found that the earlier trade mark GAP was confusingly similar to the sign "The GapTravel Guide". -
IP Cases & Articles
GC rules for acquiescence: Tronios v BSkyB
In this case between Tronios and British Sky Broadcasting Group plc (BSkyB, now Sky plc), the General Court (GC) reiterated that acquiescence requires actual knowledge of the use and registration of a contested trade mark, confirming that inferences to such knowledge are insufficient. -
IP Cases & Articles
BMW v Technosport
In a recent UK court decision, BMW successfully claimed trade mark infringement and passing off against an independent car dealer that had used BMW's trade marks to promote its services. -
IP Cases & Articles
EU Trade Secrets Directive comes into force July 2016
The EU Trade Secrets Directive (2016/943) has been published in the Official Journal of the EU, therefore setting the date for it to come into force on 05 July 2016. Member states will then have up to two years to incorporate the Directive's provisions into their domestic law. -
IP Cases & Articles
Trade marks in third party adverts: Daimler v Egyd
This case concerns use of trade marks in advertisments which have been picked up by third parties and whether this use (with or without consent) constitutes trade mark infringement. -
IP Cases & Articles
Registration of position marks in the European Union
Although position marks are not an officially recognised category of trade marks under UK or European Union (EU) law, such 'unconventional' trade marks are registrable, subject to fulfilling a trade mark's essential characteristics and overcoming absolute grounds. -
IP Cases & Articles
The question of evocation: Viiniverla v Sosiaali
According to the Court of Justice of the European Union (CJEU), a 'geographical indication' (GI) for CALVADOS may prevent use of VERLADOS even though VERLADOS is produced in the Finnish village of Verla, is sold only in Finland and the names share only one syllable and four letters in common. -
IP Cases & Articles
Are trade marks in other languages confusingly similar?
Recent decisions of the Court of Justice of the European Union (CJ) in El Corte Inglés v OHIM and the General Court (GC) in Rotkäppchen-Mumm v OHIM have considered the issue of whether a trade mark and its foreign language equivalents are confusingly similar or likely to give rise to…
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