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IP Cases & Articles
Malaysia Dairy v Yakult - Interpreting Bad Faith
This was a reference for a preliminary ruling concerning the interpretation of the concept of bad faith; within the meaning of Article 4(4) of Directive 2008/95/EC -
IP Cases & Articles
With or Without Due Cause? THE BULLDOG v RED BULL
The principle of due cause is currently being considered by the Court of Justice of the European Union (CJ) in the case of Leidseplein Beheer BV and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland BV (C-65/12). -
IP Cases & Articles
Interflora v Marks & Spencer - Google Adwords
Returning to a case which we first reported back in March of 2011 (concerning an Advocate General's opinion) and again in September of the same year (that time relating to a preliminary ruling of the Court of Justice of the European Union), we provide our readers with a further update,… -
IP Cases & Articles
Hurrah for Chez Gerrard - Right Evidence at Right Time
The General Court (GC) has confirmed that when objecting to a Community trade mark (CTM) application, an opponent needs to plead their case with care and file appropriate evidence at the correct time – particularly when relying on an aspect of a member state's national law (as opposed to European… -
IP Cases & Articles
Extended Passing Off - FAGE UK v Chobani
The High Court has allowed a claim for extended passing off brought by FAGE UK Limited and another (FAGE), the makers of "Total Greek Yoghurt", against Chobani UK Ltd and another (Chobani), the manufactures of yoghurt which is produced in the US, but sold in the UK as Greek yoghurt. -
IP Cases & Articles
Croatia Joins European Union
Croatia joined the European Union (EU) on 1 July 2013, bringing the number of member countries to 28. -
IP Cases & Articles
Composite Marks - Colloseum v Levi Strauss
This case concerns the question as to whether use of a trade mark would be considered genuine and sufficient to maintain a registration of that mark if the mark was only used with another mark, where the first mark is registered alone and separately, in combination with the second mark. -
IP Cases & Articles
Trademark Clearinghouse Protection
On 26 March 2013, the Internet Corporation for Assigned Names and Numbers (ICANN) launched the Trademark Clearinghouse (TMCH). It is envisaged that the Trademark Clearinghouse will provide a database for individuals and businesses to register their brands, ahead of the release of around 2,000 generic top-level domains (‘gTLDs’), eg, ‘.news’,… -
IP Cases & Articles
Trade Marks and the EU Is it Time for Change?
Since the introduction of the Community Trade Mark (CTM) nearly 2 decades ago, the law and practice governing CTMs and the harmonisation of national laws has been fairly static. Following the recent study undertaken by the Max Planck Institute, this may all be about to change. -
IP Cases & Articles
Interpretation of the IP Translator Judgment
OHIM and the national EU Offices have published a statement on their websites concerning the interpretation of the IP Translator case on class headings.
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