News & Analysis as of October 19, 2024

Appeals

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on 5/31/2024

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Fourth Circuit Confirms That ‘Gruyere’ is Generic for Cheese

Ladas & Parry LLP on 5/3/2023

The appellants, Interprofession du Gruyère and Syndicat Interprofessionnel du Gruyère, are two consortiums, Swiss and French, that regulate use of the term ‘gruyere’ to refer only to cheeses produced in the Gruyère district...more

Patent Poetry: EU IP Board Reverses Decision on Banksy Monkey Trademark

AEON Law on 12/5/2022

The European Union Intellectual Property Office’s (EUIPO) Board of Appeal has reversed a EUIPO decision from May 2021 canceling a trademark registration for an image of a monkey by the anonymous UK artist known as Banksy....more

Three Point Shot - November 2022

Proskauer Rose LLP on 11/30/2022

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Intellectual Property & Health | News To Know – June 2022

McDermott Will & Emery on 6/27/2022

RUSSIA RESPONDS TO WESTERN SANCTIONS WITH PATENT RETALIATION - On March 6, 2022, the Russian government retaliated against the West’s imposition of sanctions by issuing a decree permitting patented innovations to be used...more

When Trademarks Get Messi: Likelihood of Confusion and Leo Messi’s Big European Trademark Win

Fenwick & West LLP on 12/8/2020

On September 17, 2020, legendary footballer Leo Messi achieved an elusive goal that he had been pursuing for years. No, he did not finally win a World Cup championship for the Albiceleste. Rather, after a nearly decade-long...more

Intellectual Property Bulletin - Fall 2020

Fenwick & West LLP on 12/1/2020

In This Issue - The Evolving Relationship Between Brands and Athletes: What Comes Next - The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more

EUIPO: Repeat trademark applications for the same classes can equate to bad faith

Hogan Lovells on 9/10/2019

In July, the Second Board of Appeal of EUIPO declared the MONOPOLY trade mark invalid to the extent that the underlying application covered goods and services for which the trade mark was already registered. Such filings...more

CJEU: Sweet victory for well-known trademark against registered design

Hogan Lovells on 7/12/2019

In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action...more

When appealing bears fruit: Pear Technologies v EUIPO – Apple

International Lawyers Network on 4/11/2019

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice...more

Food and Beverage Law Update: December 2018

Holland & Knight LLP on 12/24/2018

Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Intellectual Property Bulletin - Fall 2018

Fenwick & West LLP on 10/31/2018

In This Issue - Gender Diversity in Patenting: Current Landscape and Recommendations - The gender gap in patenting is a current challenge that companies face. While this issue seems pervasive, companies and lawyers can...more

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

Hogan Lovells on 10/8/2018

(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Europe: CJEU / GC roundup – H1 2018

Hogan Lovells on 8/6/2018

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

Europe – General Court: Bad faith’s link to likelihood of confusion

Hogan Lovells on 2/15/2018

(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

Hogan Lovells on 2/14/2018

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Europe – General Court: EUTM revocation action takes the biscuit

Hogan Lovells on 11/28/2017

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) - The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be...more

MoFo IP Newsletter - August 2016

Morrison & Foerster LLP on 8/13/2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

CARRERA’s Trademark Reputation: “Luxury, High Tech, High Performance and Success”

The German carmaker, Porsche AG, which designed the iconic 911 Carrera sports car, owns the European Union and German “CARRERA” word mark, registered for “automobiles” in class 12. How far beyond automobiles does the...more

The Coca-Cola Bottle In Europe: No Fluting, No Distinctiveness

Three-dimensional trademarks have given rise to some interesting European Community decisions in the last several months (see, for example, our comments on the Kit Kat and Lego decisions). A decision rendered last week by the...more

European Community Trademark registration for patterns and three-dimensional marks requires Acquired Distinctiveness in Each...

Ladas & Parry LLP on 9/8/2015

Owners of pattern and three-dimensional marks should take note of the substantial burden of proving acquired distinctiveness of their marks through use throughout the European Union. On April 21, 2015, Louis Vuitton’s...more

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