In the cutthroat world of advertising, the temptation to proclaim superiority over competitors is ever-present. Whether it is claiming to be “Europe’s Number One” or touting oneself as simply “the best,” such declarations can be powerful tools for brand promotion. However, beneath the surface lies a legal minefield that companies must tread carefully to avoid running afoul of competition law.

  Weiterlesen über Navigating Competition Law in Advertising – Examples “Europe’s No. 1” and “The Best”

The EU set its priorities for the next four years of combating severe and organized crime in May 2021. Within the framework of the European Multidisciplinary Platform Against Criminal Threats (“EMPACT”), a strategy plan has been developed and will be put into action between 2022 and 2025.

Rims and wheels have been under discussion regarding design protection for many years.

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 well-known brands in the world: GOOGLE.

Millions of spectators from various countries participate in the tournaments organized around the world every year. In this context, marketing, advertising, and branding sports events have gained great importance. Sport teams and sports personalities are looked at as big business opportunities. Intellectual property is also becoming increasingly important in this growing industry.

The European Law Students’ Association (ELSA) is an international organization that brings together law students and young lawyers from many countries throughout Europe, helps them expand their knowledge of different legal systems, and promotes mutual understanding, exchange of information, and personal contacts between young lawyers and law firms.

Peanuts… Yummy! But what if the product designation does not just say „PEANUTS“, but „PEANUT EXTASY“? My first thought as a consumer would still be „Yummy“ expecting that the product contains a high percentage of peanuts and that it, therefore, tastes very „peanutty“ and that it can take you to a state of ecstasy when eating it. The European Union Intellectual Property Office (EUIPO) saw this differently and rejected an EU trademark application for the term „PEANUT EXTASY“.

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When you go out to eat and you choose a drink with your meal, would go for mineral water, wine or beer? The answer, of course, depends on your individual preferences and habits. However, when it comes to trademarks, the question might become of interest when the degree of similarity between mineral water, wine and beer has to be assessed and decided in infringement, opposition or invalidity proceedings. The decisions of the different trademark offices and courts are not always consistent and often unpredictable. At least regarding the degree of similarity between “beers” and other beverages, you may now find some guidance by the European Union Intellectual Property Office (EUIPO).

 

Imagine you are the owner of a registered trademark and you have invested significant amounts of money into establishing your trademark and related product(s) in the market. Would it not be very annoying to see third parties offering replacement parts or accessories for your product(s) using your registered mark? It definitely is so for the Philips Group, one of the world's leading developers and manufacturers of electric shavers. Read here what the Higher Regional Court of Frankfurt recently decided in this case (OLG Frankfurt, 6 W 28/22, Decision of 3 May 2022).

 

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