The color red means energy, strength, power and passion. Shoe-wise, for most women it means one thing: Louboutins. However, the road was not easy for the French designer. In-and-out of courts for years now, the…
An Italian decision from March 2016 clarified the scope of protection for shape marks when it comes to jewelry, where a minor design change makes all the difference. The judge confirmed that even the smaller…
Given the notoriety of McDonald´s and their products, it is hard to imagine anyone would challenge their entitlement to the “Mac” and “Mc” prefixes. However, it was only recently that the European General Court…
On April 24, 2016 the European Union Intellectual Property Office (EUIPO) published the report on infringements of protected geographical indications (GIs) for agricultural products in the EU. A GI is an…
In line with a recent Louboutin decision, the Swiss Court on 13 May 2016 decided on another purely decorative element filed as a position trademark. This time, German flashlights were in question, and the circular…
We all know that the Internet is everywhere and that our life without has become unimaginable. We also know that its popularity soaring by the minute. However, the rates of its expansion might be even more than…
On 23 June 2016, the referendum held in the UK tailored history and after 43 years of membership, a small majority of UK citizens decided to leave the EU. As one of the leading countries, with the second largest…
Intellectual Property
The Court of Justice of the European Union
Three-dimensional trademarks
Trademarks
There has been another round in the legal arena for Rubik´s cube, and this one might be a sign of a shift of powers. So far, all EUIPO´s and EGC´s decision were in favor of protecting the cube, but after the…
Decisions
Intellectual Property
Likelihood of confusion
The Court of Justice of the European Union
Trademarks
The two Merck pharmaceutical magnates have shared one name for decades. However, their coexistence has become anything but peaceful, with mutual lawsuits filed all over Europe, and not without good reason. The…
Europe is definitely caught up in football fever. Not even the European General Court (EGC) was spared. Rendering their decision on the case Cule v Kule, they decided on the link between a football club and its…
On the final morning of the ECTA Annual Meeting, the first four sessions were all about presenting different points of view on the same topic. One session was on Prior Rights Agreements, introducing the topic from…
The day started with welcome speeches given by ECTA’s President, Mr. Mueller, Dubrovnik’s Deputy Mayor Mr. Raguž, Mrs. Kauterovac, Director General of Croatian IPO and the organizing Committee, led by Mr.…
As mentioned in the previous post, LexDellmeier is attending the ECTA Annual Meeting. ECTA, short for European Communities Trademark Association is an association promoting the knowledge and professionalism of…
Although the INTA Annual Meeting has just finished, European IP professionals have another opportunity to meet, mingle and discuss the latest novelties in the field of IP. European Communities Trade Mark…
Each year, top intellectual property professionals gather from all around the world to attend an yearly event organized by the International Trademark Association (INTA). This year, the 138th INTA Annual Meeting…
With the CJEU´s ruling on 17 February 2016, a lengthy saga concerning Adidas might have come to an end. After contesting everything from two to five stripes, creating and using an abundance of case law, logging a…
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The European General Court (EGC) ruled that the three dimensional shape of the Rubik‘s Cube as a Community trademark is valid (Judgment dated 25 November 2014; Case No.: T‑450/09).
Background of the Case and…
The Higher Regional Court Celle, Germany, decided that it is misleading to add six stars next to the door of a luxus hotel (13 U 76/14 dated 15 July 2014).
Background of the Case and Subject Matter
A hotel…