Virtual Goods in Focus – EU General Court’s First Ruling

Post date: 
January 21, 2025
Categories: 
EUIPO, The Court of Justice of the European Union, Trademark Law, European General Court, Decisions, Distinctiveness, Intellectual Property
Tags: 
#virtualgoods, #gc, #watches, #glashuette

Virtual Goods in Focus – EU General Court’s First Ruling

The General Court (GC) has issued its first-ever ruling on the distinctiveness of a trademark applied to virtual goods. The decision T11163/23 dated 11 December 2024 – “Glashütte ORIGINAL”  concerned the application for the following sign:

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Can you keep a (trade) secret?

Post date: 
July 22, 2016
Categories: 
Intellectual Property Law
Tags: 
Trade secrets, Intellectual Property Law

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

 

Talking jewelry: what makes a valid shape mark?

Post date: 
July 19, 2016
Categories: 
Decisions, Intellectual Property, Likelihood of confusion, Trademarks
Tags: 
Decision, Likelihood of confusion, Shape mark, Unfair Competition

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

MACCOFFE v McDONALD’S: Black sheep of the “McFamily”

Post date: 
July 18, 2016
Categories: 
European General Court, Intellectual Property, Likelihood of confusion, Trademarks
Tags: 
EGC, European Union Trademark, Likelihood of confusion, Well-known marks

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 T‑518/13 dated 5 July 2016 that the contested prefixes are reserved for McDonald´s in the food industry.

 

EUIPO publishes the first study attempting to assess the dimension of GI infringements in the EU

Post date: 
July 12, 2016
Categories: 
Intellectual Property
Tags: 
EUIPO, Geographical Indications

On April 24, 2016 the European Union Intellectual Property Office (EUIPO) published the report on infringements of protected geographical indications (GIs) for agricultural products in the EU. A GI is an indication (usually a name) used on products having a specific geographical origin and possessing a given quality, reputation or other characteristic that is essentially attributable to that origin. The study was conducted from 2012 to 2015, with the aim to establish the size and value of the GI market in the EU, as well as the impact of infringements on EU customers. It included all protected GIs, coming from EU Member States and third counties, protected through registration or by an international agreement.

 

 

The Swiss Court decides on a position trademark

Post date: 
July 06, 2016
Categories: 
Decisions, Intellectual Property, Trademarks
Tags: 
Swiss Federal Court, Trademark, Intellectual Property

In line with a recent Louboutin decision, the Swiss Court on 13 May 2016 decided on another purely decorative element filed as a position trademark. This time, German flashlights were in question, and the circular position of the holes on their rim.

 

 

Background of the case

Surfing through the latest data on TLDs

Post date: 
July 05, 2016
Categories: 
Domains, Intellectual Property
Tags: 
Intellectual Property, Top Level Domain, Domain

We all know that the Internet is everywhere and that our life without has become unimaginable. We also know that its popularity soaring by the minute. However, the rates of its expansion might be even more than anyone could have imagined. If the number of Internet users continues to rocket at current rate, it is predicted to have 5 billion users by 2020. The expected population by that time is 7.8 billion. Therefore, 64% of population in the world will be connected! This is especially shocking in comparison to the numbers from 2014, when (only) 40% of citizens were Internet users.

 

In the past fifteen years, not only have the numbers skyrocketed, China has taken over the lead in the highest number of Internet users. It clearly established its dominance, doubling the numbers of the next-in-line USA.

 

Impact of BREXIT on European Intellectual Property

Post date: 
July 04, 2016
Categories: 
Intellectual Property
Tags: 
Intellectual Property

On 23 June 2016, the referendum held in the UK tailored history and after 43 years of membership, a small majority of UK citizens decided to leave the EU. As one of the leading countries, with the second largest nominal GDP in the EU, it is safe to say things will now have to notably change. However, it should be mentioned that the switch will not come overnight, there are negotiations to be held and conditions to be met, and the real exit is not expected for a couple more years.

 

First thing to know is that EU trademark and design systems will no longer be applicable in the UK. Likewise, EU Courts will no longer be an option for the UK citizens.

 

The battle for Rubik´s cube: Simba might be making a comeback

Post date: 
July 01, 2016
Categories: 
Intellectual Property, The Court of Justice of the European Union, Three-dimensional trademarks, Trademarks
Tags: 
ECJ, three-dimensional trademarks, European Union Trademark

There has been another round in the legal arena for Rubik´s cube, and this one might be a sign of a shift of powers. So far, all EUIPO´s and EGC´s decision were in favor of protecting the cube, but after the Advocate General´s unfavorable opinion towards this practice, it seems plausible that the European Court of Justice might agree with him.

Background of the case

The multitude of Merck lawsuits gets CJEU involved

Post date: 
June 29, 2016
Categories: 
Decisions, Intellectual Property, Likelihood of confusion, The Court of Justice of the European Union, Trademarks
Tags: 
ECJ, Domain, Trademark

The two Merck pharmaceutical magnates have shared one name for decades. However, their coexistence has become anything but peaceful, with mutual lawsuits filed all over Europe, and not without good reason. The namesakes managed to confuse everyone, including Facebook, and it is safe to say it is time for a new solution of their problem. Even the European Court of Justice (ECJ) got involved, as their case pointed a few questionable areas of the European Union Trademark Regulation.

Background of the case

Football frenzy leaves the pitch and enters the legal arena

Post date: 
June 27, 2016
Categories: 
Decisions, European General Court, Intellectual Property
Tags: 
Decision, EGC, Genuine use, European Union Trademark

Europe is definitely caught up in football fever. Not even the European General Court (EGC) was spared. Rendering their decision on the case Cule v Kule, they decided on the link between a football club and its fans, at least when it comes to proving genuine use of a trademark.

Background of the case