Virtual Goods in Focus – EU General Court’s First Ruling The General Court (GC) has issued its first-ever ruling on the distinctiveness of a trademark applied to virtual goods. The decision T11163/23 dated 11…

The significance of comprehending the scope of protection given to marks with a reputation in EU law was brought up again in a recent case. The trademark at issue in this case is unquestionably one of the most…

The question, whether two stripes on the side of a shoe have a distinctive character or can lead to the invalidity of a trademark was subjected in the case of 4 May 2022. But how did the European General Court…

Just recently, in December 2021, the EU Directorate-General for Interal Policies published an extensive Study on "Cross Border Enforcement of Intellectual Property Rights". This excellent and over 100 page study…

After almost 10 years, the dispute over the PIRELLI figurative trademark comes to an end with a ruling by the European Court of Justice (ECJ) on 3 June 2021. The European General Court (EGC) previously ruled that…

I. General facts on color marksColor marks are marks that consist either of one color only or of a combination of colors (without outlines). As with all forms of trademarks, distinctiveness is required for the…

Wanna cool down? Enjoy some “Plombir”! It is summer. The sun is shining, it is hot and you are looking for something to cool down a bit. How about a “Plombir”? You do not know what “Plombir” is? It is a kind of…

When a striker acts as a defender: EU General Court’s decision “NEYMAR” (T-795/17)With its decision dated 14 May 2019, the European General Court confirms a decision of the European Union Intellectual Property…

On 20 December 2017, the Court of Justice of the European Union (CJEU) gave its opinion on the “Champagner Sorbet” case. The Court stated the conditions of using the Protected Designation of Origin (PDO) for…

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…

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…