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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Haribo vs. Lindt – Lindt’s golden chocolate bear does not infringe Haribo’s trade mark rights

Post date: 
October 07, 2015
Categories: 
Decisions
Tags: 
Brands, Decision, German Federal Court, German Trademarks, Intellectual Property Law, three-dimensional trademarks
The German Federal Court of Justice (BGH) ruled that one must be strict when comparing a word mark with a three-dimensional mark in order to prevent right owners from monopolizing product shapes by obtaining word mark protection. The BGH concludes that Lindt and Sprüngli AG is not infringing Haribo’s trade mark rights when selling a seated golden chocolate teddy bear with a red ribbon. (Case I ZR 105/14, Judgement of 23 September 2015) Press here to read our earlier blog post about the decision from the Higher Regional Court of Cologne.

New procedural rules adopted by the European General Court

Post date: 
October 07, 2015
Categories: 
European General Court
Tags: 
European General Court, Procedural rules
On 1 July 2015, the European General Court (EGC) adopted new Rules of Procedure which replace the Rules of Procedure of 1991.
The new Rules of Procedure have been adapted to the reality of proceedings currently brought before the General Court. It is now a clear distinction between the three main types of action;

Pilot program of the US Patent and Trademark Office (USPTO) allows amendments to the identifications of goods and services in trade mark registrations due to technology evolution

Post date: 
September 25, 2015
Categories: 
Intellectual Property
Tags: 
Intellectual Property, Trademark law, Trademarks, USPTO
 

HOT - Registration of laudatory signs as trade marks

Post date: 
September 23, 2015
Categories: 
Decisions
Tags: 
Decision, Distinctiveness, European General Court, Intellectual Property, Trademarks
The European General Court (EGC) rules that a word with laudatory connotations may be registered as a trade mark if it does not specifically describe the goods and services and not all of its meanings are exclusively laudatory. (Judgement: T-611/13 of 15 July 2015)
Background of the Case and Subject Matter

BMW’s trade mark rights infringed by spare parts business

Post date: 
September 18, 2015
Categories: 
Decisions
Tags: 
Decision, German Federal Court, German Trademarks, Intellectual Property, Likelihood of confusion
The German Federal Court of Justice ruled on two aspects of trade mark law in its recent decision. The conclusion of the Court was, firstly, that a mark which is registered in black and white is not identical with a mark in colour unless the difference is insignificant. Secondly, the production of plaques consisting merely of a car producer’s trade mark falls within the monopoly granted by the exclusivity right of the trade mark proprietor.    (Judgement: I Z 153/14 of 12 March 2015)

Counterfeiting Report 2015

Post date: 
July 19, 2015
Categories: 
Intellectual Property
Tags: 
Counterfeiting, Counterfeiting Report 2015, Product Piracy
The Situation Report on Counterfeiting in the European Union (EU), prepared by Europol and OHIM through the European Observatory on Infringements of Intellectual Property Rights is a first try to capture the complex reality of counterfeiting in the EU in 2015. 1. Introduction

LEGO S/A successfully defends its mini-figures

Post date: 
July 17, 2015
Categories: 
Brand
Tags: 
Best-Lock, Lego, three-dimensional trademarks
The European General Court (EGC) upholds the registrations of the shape of the Lego mini-figures as Community Trademarks (CTMs) (Judgments dated 16 June 2015; Cases T-395/14 and T-396/14). Background of the Case and Subject Matter

International work exchange through the Student Trainee Exchange Programme

Post date: 
July 16, 2015
Categories: 
Uncategorized
This year LexDellmeier is for the first time a part of the European Law Students’ Association’s Student Trainee Exchange Programme.

EGC: SWATCH vs. SWATCHBALL

Post date: 
June 23, 2015
Categories: 
Brand
Tags: 
European General Court, Likelihood of confusion, SWATCH, SWATCHBALL
The European General Court (EGC) dissmissed the appeal of the Swatch AG against the Community Trademark (CTM) application “SWATCHBALL“ by Panvision Europe Ltd (Judgment dated 19 May 2015; Case No.: T‑71/14). Background of the Case and Subject Matter

EGC: Pink Lady vs. English Pink

Post date: 
June 17, 2015
Categories: 
Brand
Tags: 
English Pink, European General Court, Likelihood of confusion, Pink Lady
The European General Court (EGC) decided that the decision of the BoA has to be annulled, but not altered   because it did not mention an earlier decision of a Community Trademark (CTM) court (Judgment dated 25 March 2015; Case No.: T‑378/13). Background of the Case and Subject Matter