In our series of blog articles, genuine use of a trademark has already been an issue. But since the topic is very important and can even lead to loss of trademark rights, awareness raising cannot be rated high enough. We therefore chose the “LUTAMAX” decision of the General Court of the European Union (Joined Cases T-221/22 and T-242/22) to bring the topic to your attention once again.

(Source: Shutterstock Vector ID: 2148722679) Weiterlesen über Genuine Use of a Trademark – Always relevant, always worth a Reminder

On 15 March 2017, WIPO published a press release, showing their 2016 in numbers. And there was a lot to celebrate, as 2016 marked a record-breaking number of patent, trademark and design applications, and a significant growth on all three fronts for the seventh year in a row.

On the gloomier note, the number of cybersquatting disputes under the Uniform Domain Name Dispute Resolution Policy (UDRP) broke a record as well, with its 10% rise in comparisom to the number in 2015.

 

Trademarks

Combining the fact that Italy is the third biggest producer of GI products in the EU and that Italian cuisine is cherished across the globe, it is safe to say that IP infringements are imminent. This time the legal battle stems from Tuscany, Italy´s fruitful producer of wine, cheese, cold cuts and, important for this case, extra virgin olive oil.

 

 

After a worrying OECD report last year (more on that here), this year the fight against pirated goods continued with a letter addressed to the president of the European Commission, Mr. Jean-Claude Juncker.

Trademark Use in Germany and the EU - Why brand owners must use their trademarks

Trademarks present a link between a brand owner and its consumers. They are the easiest way to differentiate one product from another and one competitor from another, at the same time creating customer loyalty and strengthening of the brand. However, why do brand owners actually need to use their trademark if it is registered? This article tackles the importance of genuine trademark use and how to prove use in Germany and the EU.

How do you receive trademark protection in Germany and the EU?

Brand Finance Football 50 is an annual study conducted by one of the leading brand valuation and strategy consultancies. The study published on June 6, 2016 determines which of the word largest football clubs have the most powerful and valuable brands.

The numbers do not lie. As can be seen in the chart, the world’s most valuable football club brand this year is Manchester United FC with a brand value estimated at 1,170 USD million. The second position is occupied by the current Champions League Winner, Real Madrid, and the podium’s third place is attributed to its forever greatest rival, Barcelona.

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 battles for his in(famous) “Red Sole” linger on. The most complex one, against van Haren, made its way up to the European Court of Justice (CJEU, ECJ) on 27 May 2016. We are giving you a summary of Louboutin´s time in court, as well as keeping you posted on all the updates.

 

USA

Christian Louboutin had no problem registering his red soles in the USA. Under the registration numbers 3376197 and 3361597, the US Patent and Trademark Office readily protected “lacquered red sole on footwear” or the “Red Sole Mark”.

Since 2012, one of the burning topics worldwide has been the protection of trade secrets. With new proposals to update current legislation coming from all major markets, it is only logical for the EU to jump on the bandwagon and acknowledge that the current fragmented legislation is not up to standards.

 

Currently, it seems only as a Member State has specific legislation concerning trade secrets, along with pending proposals in France and Romania. Other countries only have very limited provisions in their laws, whether in their criminal codes, civil codes, labor laws or other legislation.

 

This is all about to change, as the new EU Trade Secrets Directive  was adopted on May 27, 2016, with a 2-year time frame to implement the changes.

 

General information about trade secrets

 

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 design discrepancies are enough to exclude foul-play and the possibility of misleading the customers.

  

 

Background of the case

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 (the EGC) confirmed in its decision T518/13 dated 5 July 2016 that the contested prefixes are reserved for McDonald´s in the food industry.