Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Post date: 
October 30, 2024
Categories: 
Brand, European Union Trademark, Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
#halloween

Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Halloween, with its pumpkins, costumes, and haunted houses, is one of the most exciting and creative times of the year. But behind the spooky masks and candy bowls lies a complex world of Intellectual Property Law, especially trademarks, which many businesses need to navigate carefully during the season.

Read more about Understanding Trademark Law Through the Lens of Halloween: A Spooky Guide

Sports and Intellectual Property

Post date: 
March 06, 2023

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.

Meet LexDellmeier’s New 2023 ELSA Trainee!

Post date: 
February 15, 2023
Categories: 
Intellectual Property Law
Tags: 
#elsa, #trainee, #intellecutalproperty

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.

Wake-up call for McDonald’s – new EUIPO decision saves EU Trademark “BIG MAC”

Post date: 
February 14, 2023
Categories: 
EUIPO, European Intellectual Property Office, European Union Trademark, Procedural rules, Trademark Law, Trademarks, Intellectual Property Law, Decisions
Tags: 
#bigmac, #mcdonalds, #EUIPO, #trademarks

 

 

YUMMY OR DANGEROUS? PEANUT EXTASY

Post date: 
February 02, 2023
Categories: 
EUIPO, European Union Trademark, Decisions

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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CHEERS! About Similarity between Beers and other Beverages

Post date: 
November 08, 2022
Categories: 
EUIPO, Trademarks

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).

 

Blog 1837

Post date: 
September 27, 2022
Categories: 
Trademark Law, Trademarks, IP Rights, Intellectual Property Law
Tags: 
#trademarks, #replacement, #accessories, #philips

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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Ferrari succeeds on the basis of unregistered designs

Post date: 
September 06, 2022
Categories: 
ECJ - European Court of Justice, Unfair Competition Law, Decisions, Design Law, Intellectual Property, German Federal Court

Following a request for a preliminary ruling by the German Federal Court of Justice (BGH) on January 30, 2020 the European Court of Justice (ECJ) ruled on when unregistered designs of individual parts enter into force in the event of disclosure of the overall product.Following a request for a preliminary ruling by the German Federal Court of Justice (BGH) on January 30, 2020 the European Court of Justice (ECJ) ruled on when unregistered designs of individual parts enter into force in the event of disclosure of the overall product.

The million-dollar world of “NFTs” – Basics you need to know!

Post date: 
August 10, 2022
Categories: 
Brand, Licensing, IP Rights, Intellectual Property Law
Tags: 
nft, non-fungible token, licensing, #eutrademarks, #nft, nfts, #non-fungible-toke, #ip, #intellectualproperty, #art

In the digital world of social media platforms – you come across NFTs everywhere. It has even become Collins English Dictionary´s word of the year in 2021. But do you actually know what those three letters truly stand for?

Well-known trademark “PUMA” prevails against “PLUMAflex by Road”

Post date: 
July 25, 2022
Categories: 
EUIPO, European Intellectual Property Office, Trademarks, Intellectual Property Law, European General Court, Decisions, Distinctiveness, Intellectual Property
Tags: 
EUIPO, EGC, Similarity, Distinctiveness

The owners of the PLUMAflex by Road trademark, Jose A. Alfonso, lost the case before the European Intellectual Property Office (EUIPO) for the registration of their trademark. The multinational company PUMA took action against them and was able to prevail thanks to its widespread recognition in the European area. The General Court confirms the EUIPOs decision, in which it finds similarity between the figurative mark “PLUMAFLEX by ROAD” and the earlier mark “PUMA” for identical goods.

 

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EGC decides 10-year battle – two stripes on shoe

Post date: 
June 20, 2022
Categories: 
Brand, EUIPO, European Intellectual Property Office, European Union Trademark, The Court of Justice of the European Union, IP Rights, Design Law, Intellectual Property
Tags: 
figurative marks, EUIPO, EGC

The question, whether two stripes on the side of a shoe have a distinctive character or can lead to the invalidity of a trademark was subjected in the case of 4 May 2022. But how did the European General Court (EGC) decide the case and based on which criteria?