With much surprise to both the EUIPO and most of the legal IP community, the General Court (GC) in a judgment of 16 March 2022 in case Nowhere v. EUIPO holds that UK passing off rights remain valid earlier rights in EUIPO...more
Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each...more
8/6/2018
/ Acquired Distinctiveness ,
Appeals ,
Benchmarks ,
Color Marks ,
Community Designs ,
Court of Justice of the European Union (CJEU) ,
e-Books ,
EU ,
European Union Trade Mark (EUTM) ,
Evidence ,
Fashion Design ,
Intellectual Property Protection ,
Louis Vuitton ,
Member State ,
Trademarks
In the context of the KitKat shape mark saga, in Société des produits Nestlé SA v Mondelez UK Holdings & Services Ltd and another (Joined Cases C-84/17 P, C-85/17 P and C-95/17 P), the CJEU provided significant guidance on...more
The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...more
Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich -
The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly...more
(Judgment of 11 October 2017 in Case C-501/15 P – EUIPO v Cactus) -
The CJEU confirms that two cases which fundamentally changed the EUIPO approach to construing the scope of protection of EUTMs do not have retroactive...more