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IP Cases & Articles
Use of colour in registered designs
A recent Hague Court decision has applied the common practice regarding use of colour in design views, as followed by the European Union courts. This decision highlights the different approach made in the recent 'Trunki' UK Court of Appeal decision. -
IP Cases & Articles
UK ukulele confusion: national passing off rights
A recent UK court decision demonstrates the potential vulnerability of Community Trade Marks (CTMs) having a low degree of distinctive character, the challenge of proving acquired distinctiveness across a sufficient part of the European Union (EU), and the utility of including a claim for passing off in infringement proceedings. -
IP Cases & Articles
It's not easy being green: Enercon v EUIPO (Gamesa)
In this case, the German energy company Enercon GmbH (Enercon) could not persuade the General Court (GC) that a mark consisting of five shades of green and white, registered in connection with wind turbines, was inherently distinctive. -
IP Cases & Articles
Genuine use of a trade mark
This is a decision of the General Court (GC) in which the court made a number of helpful findings in relation to genuine use of a trade mark, an area of trade mark law that continues to be in flux and raise questions for trade mark proprietors, and practitioners, alike. -
IP Cases & Articles
Petco: GC decision on suspension of appeal proceedings
The General Court decision in Petco Animal Supplies Stores Inc v Office for Harmonisation in the Internal Market (OHIM) (case T-664/13) revolved around the issue of manipulating the opposition timetable and the relationship between concurrent opposition proceedings and applications for a declaration of invalidity in relation to the earlier mark. -
IP Cases & Articles
SOLISPOST and SOLIS POLE: costs for withdrawn appeal
In proceedings before the UK Intellectual Property Office (UKIPO), the hearing officer considered that two trade mark registrations for the word mark SOLISPOST were invalid as they were registered in bad faith and conflicted with earlier unregistered rights owned by the applicant for invalidity. The proprietor appealed to the appointed… -
IP Cases & Articles
EU territorial borders and assessment of genuine use
This recent Intellectual Property Enterprise Court (IPEC) decision found that genuine use was required in more than one European Union (EU) member state to maintain a Community trade mark (CTM) registration. This case involved an infringement action brought by The Sofa Workshop Limited (Sofa Workshop) against Sofaworks Limited (Sofaworks). -
IP Cases & Articles
Swatch loses opposition to SWATCHBALL CTM application
The General Court (GC) has rejected an opposition by Swatch AG to an application for the mark SWATCHBALL on the basis of its reputation in the mark SWATCH because there was no evidence that the relevant consumers would make a link between the marks SWATCH and SWATCHBALL. -
IP Cases & Articles
BASF v Evonik: when abbreviations become descriptive
BASF SE (BASF) owned a European Union Trade Mark (EUTM) registration for DINCH in respect of goods categorised as chemical products for plastics in class 1. It was filed in February 2002 and registered in March 2003. -
IP Cases & Articles
PORTO v PORTOBELLO ROAD surprise opposition decision
Trade mark decisions involving geographical indications (GIs) and protected designation of origins (PDOs) are relatively rare. In this case an application for a label design mark for PORTOBELLO ROAD No. 171 LONDON DRY GIN LONDON ENGLAND filed for gin was opposed, based on the PDO for PORTO, for wines from…
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