In a recent judgement, the General Court of the EU considered whether a design application filed in bad faith would automatically render it invalid. Koen de Winder explains the arguments and the reasoning behind the General Court’s decision.
The United Arab Emirates (UAE) will join the Madrid System in December 2021, becoming the 109th member state of the international trademark registration system.
The need to file evidence of use can crop up in many cases and the requirement to show historic use can cause problems for businesses. Preparation is critical to success.
Earlier this month, EUIPO’s Board of Appeal ruled on an opposition between German drink brand Jägermeister and French company Les Bordes over ownership of a stylised Hubertus stag.
International registration systems are an important route for the protection of designs. Anne-Catherine Schihin introduces a new tool to protect design rights in the countries of the former USSR.
By removing the need for prior approval by ANVISA, the patent process for pharmaceutical and biotechnology products has been shortened and associated costs reduced.
Last month, the General Court of the European Union achieved a new milestone when it handed down its first-ever judgement on a sound mark registration, presented as an MP3 file. Koen de Winder sets out the background and implications of the ruling.
The estate of Swedish author Astrid Lindgren successfully established last year that a German version of the song ‘Hey, Pippi Longstocking’ infringed its copyright. To mark the launch of the new official version of the Pippi Longstocking song this month, Koen de Winder examines the court case and what it means for the character’s legacy.
The UKIPO recently upheld an opposition by Cambridge University to a trademark application by Chadlington Brewery Limited, for the mark ‘Cambridge Blue’, claiming beers in Class 32. The decision offers a useful summary of the UK’s common law tort of ‘passing off’, says Luke Portnow.
Assumptions that the shape mark is dead may have been overturned this month, after the General Court of the EU found the shape of a lipstick suitable for trademark protection. While it is not easy to protect characteristics such as shapes under EU trademark law, the recent judgement provides hope for companies wishing to protect design elements or other features of their products.
The ruling in 'Museum of illusions' is a reminder that the assessment of the likelihood of confusion must be considered globally and cannot result from a mechanical application of the principles, as Florence Chapin explains.
Koen de Winder examines ‘image rights’ in the context of a Dutch model’s attempt to register her portrait as a trademark.