Genuine Use of a Trademark – Always relevant, always worth a Reminder

Beitragsdatum: 
15. März 2024
Categories: 
Trademarks, European General Court, Decisions

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.

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Interbrand: Best Chinese Brands 2014

Beitragsdatum: 
12. November 2014
Categories: 
Brand Value
Tags: 
50 Chinese Brands 2014, Brand Value, China, Trademarks
Interbrand is the world’s leading brand consultancy, with a network of 33 offices in 27 countries. Since its Shanghai office first opened in 2002, Interbrand has partnered with various brands in China to assist them in creating and managing their brands’ values. In November 2014 they published the Top 50 Chinese Brands of the year.

Preliminary Injunction Procedures in IP Matters in Germany - Guidelines in a Nutshell

Beitragsdatum: 
29. Oktober 2014
Categories: 
Brand Value
Tags: 
Designs, Germany, Intellectual Property Proceedings in Germany, IP law, Preliminary Injunction, Procedure, Trademarks
In urgent cases, it makes sense for intellectual property (IP) rights owners to apply for a preliminary injunction (PI). Especially if an infringing product is launched on the market, it is important to react quickly. We take the opportunity to briefly outline the most important aspects below. 1. Introduction A preliminary injunction is a provisional court decision establishing or maintaining a legal situation in a quick summary procedure. Regarding trademark and design infringements, a specialized IP court in Germany will take a decision within 2-3 working days. In exceptional cases, such as at trade fairs, within 1-2 hours. 2. Requirements for a preliminary injunction

ECG: Decision on similarity of single letter marks “T”

Beitragsdatum: 
22. Oktober 2014
Categories: 
Uncategorized
The European General Court (ECG) decided on 7 October 2014 that a likelihood of confusion between the word/device trademark “T” of Tifosi Optics and the earlier trademark “T” of Tom Tailor exists (Case No.:T‑531/12). Background of the Case and Subject Matter In September 2009 the American enterprise - Tifosi Optics, Inc. - filed an application for registration of the Community Trademark No. 008543183 at the Office for Harmonization in the Internal Market (OHIM) (as seen below on the right hand side). In February 2010 the German company - Tom Tailor GmbH - filed a notice of opposition because of the similarity to their word/ device Community Trademark No. 001368232 which you can see left below. Both trademarks are - among others - registered for clothing and glasses.

WIPO PEARL

Beitragsdatum: 
20. Oktober 2014
Categories: 
Uncategorized
The World Intellectual Property Organization (WIPO) launched a new, multilingual terminology portal called „PEARL“ which gives access to scientific and technical terms derived from patent documents.  It helps promote accurate and consistent use of terms across different languages, and makes it easier to search and share scientific and technical knowledge.

Interbrand: The Best 100 Global Brands 2014

Beitragsdatum: 
17. Oktober 2014
Categories: 
Brand Value
Tags: 
Brand, Brand Value, Global Brands, Interbrand, Ranking, The Best 100 Global Brands 2014, Trademark
Interbrand, started in 1974 with its approximately 40 offices in 27 countries, is one of the biggest and oldest brand consultancy companies around the world. Every year, Interbrand conducts and publishes various studies relating to brands, their value and the impact on companies and consumers. Interbrand’s 15th annual Best Global Brands Report was released on 9 October 2014. Age of You In addition to identifying the top 100 most valuable brands, this year’s Best Global Brands report also examines three pivotal ages in brand history that have reshaped business for the better: the Age of Identity, the Age of Value, and the Age of Experience. Interbrand contends that a new, emerging era is upon the global business world: the Age of You. Analysis

CJEU: Protectability of three –dimensional shape marks

Beitragsdatum: 
15. Oktober 2014
Categories: 
Decisions
Tags: 
CJEU, European Court of Justice, Preliminary Ruling, Protectability, three-dimensional trademarks, Trip Trap chair
The Court of Justice of the European Union (CJEU) has given a preliminary ruling on questions relating to three-dimensional trademarks forwarded to it by the Dutch courts (Judgment dates 18 September 2014; C‑205/13). Background of the Case and Subject Matter

Color mark „yellow“: Langenscheidt wins in trademark dispute

Beitragsdatum: 
26. September 2014
Categories: 
Decisions
Tags: 
Color mark, German Federal Court, Langenscheidt, language training, Rosetta Stone, Yellow
The German Federal Supreme Court decided that only Langenscheidt is allowed to use the color yellow for language training products in Germany (Judgment dated 18 September 2014; I ZR 228/12). Background of the Case and Subject Matter The German publisher Langenscheidt has been selling dictionaries since 1956 and other language learning products since 1986. All the products are designed in yellow color with a blue “L” on the books (see left below). Langenscheidt also uses the color yellow extensively when advertising its product.

Libraries may digitize books without permission

Beitragsdatum: 
24. September 2014
Categories: 
Copyright Law
Tags: 
Books, Copyright, E-Books, European Court of Justice, German Federal Court, Preliminary Ruling, Univerity
LibrariesThe Court of Justice of the European Union (CJEU) has ruled that European libraries may digitize books and make them available at electronic reading points without first coming to an agreement with the holder of the Copyrights (C‑117/13 dated 11 September 2014). Background of the Case and Subject Matter

Hotel is not allowed to keep six stars

Beitragsdatum: 
22. September 2014
Categories: 
Intellectual Property
Tags: 
Advertisment, luxus hotel, Misleading, Six Strars Hotel
The Higher Regional Court Celle, Germany, decided that it is misleading to add six stars next to the door of a luxus hotel (13 U 76/14 dated 15 July 2014). Background of the Case and Subject Matter A hotel owner added six (6) stars next to the entrance of his luxury hotel without having an evaluation by an external official hotel evaluator. Therefore, a competitor filed a law suit because, this advertisement is misleading. But, the hotel owner is of the opinion that his advertisement is not misleading because in fact his hotel is very luxurious. Six StarsDecision

Oktoberfest – a festival of traditions, beer and patents

Beitragsdatum: 
12. September 2014
Categories: 
EPO - European Patent Office
Tags: 
EPO, European Patent Office, Oktoberfest, Patents
Oktoberfest               The traditional Oktoberfest will take place from the 20 September to 5 October 2014 in Munich, Germany. During this time, more than 6.7 million liters of beer are sold more than 6 million visitors are expected. But, the Oktoberfest is also a showcase for patented technology. History of the Oktoberfest