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IP Cases & Articles
Taking Unfair Advantage of Reputation of Viagra
According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks. The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by… -
IP Cases & Articles
Likelihood of Confusion between Servo Suo and Servus
On 29 February 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between Azienda Agricola Colsaliz di Faganello Antionio (Colsaliz)’s Community trade mark (CTM) application for ‘SERVO SUO’ (the sign) and a number of earlier registrations, including a… -
IP Cases & Articles
Certmedica International and Lehning Enterprise v OHIM
In invalidity proceedings, the General Court of the European Union (the Court) has today agreed with the decision of the OHIM Board of Appeal (the Board) that there is a likelihood of confusion between a Community trade mark registration for the mark ‘L112’ in classes 5 and 29 owned by… -
IP Cases & Articles
GC Rules BIGAB Mark Not Registered in Bad Faith
Case T-33/11, Peeters Landbouwmachines v OHIM – AS Fors MW, General Court, 14 February 2012 -
IP Cases & Articles
Pollo Tropical CTM Not Applied For in Bad Faith
On 1 February 2012, the General Court held that the Community trade mark (CTM) ‘Pollo Tropical CHICKEN ON THE GRILL’ (the mark), as registered by Mr Giulio Gambettola (the intervener), had not been applied for in bad faith. -
IP Cases & Articles
Court of Appeal Rules in Favour of Specsavers v Asda
Specsavers has won the latest round in the high profile case revolving around Asda’s optical advertising campaign which encouraged consumers to "be a real spec saver at Asda" and promoting "spec savings at Asda". -
IP Cases & Articles
GC Refuses VIAGUARA Mark for Dissimilar Goods
According to the General Court of the European Union, the sign VIAGUARA cannot be registered as a Community trade mark for drinks. The Court has ruled that use of that sign is likely to take unfair advantage of the distinctive character or repute of the trade mark VIAGRA, owned by… -
IP Cases & Articles
No Likelihood of Confusion Between 'Boomerang' Marks
El Corte Inglés v OHIM, Case T-593/10. On 24 January 2012, the General Court of the European Union agreed with OHIM's Board of Appeal that there does not exist a likelihood of confusion between Jian Min Ruan’s Community Trade Mark (CTM) application (the sign) and the earlier CTM (the earlier… -
IP Cases & Articles
Likelihood of Confusion Between Ragolizia and Favolizia
August Storck KG v OHIM: Case T-462/09 - On 12 January 2012, the General Court of the European Union (the Court) agreed with OHIM's Board of Appeal that there exists a likelihood of confusion between the Community trade mark (CTM) Application for 'RAGOLIZIA' by August Storck KG and the earlier… -
IP Cases & Articles
New Generic Top Level Domains (gTLDs)
On 12 January 2012, the Internet Corporation for Assigned Names and Numbers (ICANN) will open the application window for the New Generic Top Level Domains (gTLD) Program.
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