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News in the field of Intellectual Property

The ways in which we access and receive news these days have changed considerably. With the advent of social media, news items are not only visible sooner, but they’re also available to a much larger group. Information is shared more quickly to the extent that we’re often inundated with an unmanageable amount of information and news items. News items are also becoming more ‘superficial’ and, while we at Novagraaf regularly use Twitter, we do also believe in the need to understand the full picture and background behind today’s news stories. That’s why we work to keep you informed on all developments in the field of Intellectual Property, in general, and the background of the news, in particular.

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Caution: misleading letters and false invoices trademark authorities

09-12-2014

Unfortunately, trademark owners are frequently approached by companies that pretend to be an official authority, for example through misleading letters or fake invoices. We would like to point out these malpractices.

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Volvo versus Lovol

09-12-2014

Car manufacturer VOLVO tried to prevent the application of two figurative signs containing the word LOVOL for agricultural machines and vehicles. Volvo argued that the trademarks VOLVO and LOVOL are similar, because of the resemblances between ‘vol’, ‘vo’ and ‘lov’. OHIM, the European trademarks and designs authority, did not agree with VOLVO and in its recent judgments the General..

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The Bimbo Doughnuts case

09-12-2014

The Spanish company Bimbo SA applied for a so-called Community Trademark for BIMBO DOUGHNUTS at OHIM, the European trademarks and designs authority. The holder of the earlier Spanish national trademark DOGHNUTS (sic) was not happy with the application and opposed against it. With success: the application of Bimbo SA was refused. Bimbo SA appealed, but the earlier rulings were upheld by the..

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The Rubik’s Cube shape mark is valid

08-12-2014

The registration of the shape of the Rubik’s Cube as a Community Trademark is valid. The General Court of the European Union (hereafter: the General Court) ruled in favour of the “cube mark” in a dispute between Simba Toys GmbH & Co. KG and the European trademark authority, OHIM. Novagraaf’s Michaël Sumer sets out the background to the dispute.

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The Novagraaf Holiday Puzzle - join in & win an e-reader!

08-12-2014

It's December. We hope you can find the time around Christmas to enjoy a wonderful holiday season. To make sure our brains are not on 'standby', we have composed a challenging holiday puzzle for you. We have put the logos of 25 different brands together in a table, but only part of the logo is visible. Can you match the logos with the brands? Fill in the answers via holiday-puzzle.novagraaf.com..

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The red sole saga continues

25-11-2014

Christian Louboutin has emerged victorious in its battle against Dutch shoe retailer Van Dalen: the Court of Appeal in Brussels, Belgium, has granted Louboutin trademark protection over its signature red sole once again.

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Interflora v M&S: the dispute continues

17-11-2014

On 5 November 2014, the Court of Appeal ruled on the ongoing dispute between florist Interflora and high-street retailer Marks & Spencer (M&S). The decision follows previous rulings by the European Court of Justice (ECJ) in September 2011 and the High Court of England and Wales in May 2013. The High Court had ruled that M&S had infringed the florist’s trademark rights by registering..

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New procedures announced by OHIM

13-11-2014

OHIM, the European Union agency responsible for the Community trademark (CTM), will implement two changes with effect from 24 November 2014.

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ECJ finds bicycle and horse to be confusingly similar

11-11-2014

Does a figurative mark representing a boy on a bicycle holding a mallet infringe the well-known polo player trademark of The Polo/Lauren Company? The OHIM found that it did not, but in its judgement of 18 September, the European Court of Justice (ECJ) decided differently. Novagraaf’s Frouke Hekker sets out the background to the dispute.

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The case of Sherlock Holmes comes to an end

10-11-2014

US Supreme Court declines to hear an appeal by the estate of Sir Arthur Conan Doyle about whether authors owe fees for using famed detective.

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