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.

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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

ECTA, DAY THREE: On Different Perspectives and Progress

Post date: 
June 27, 2016
Categories: 
Events, Intellectual Property
Tags: 
ECTA, ECTA Annual Meeting, Intellectual Property, Event

On the final morning of the ECTA Annual Meeting, the first four sessions were all about presenting different points of view on the same topic. One session was on Prior Rights Agreements, introducing the topic from an industry worker’s perspective and a practitioner’s. The parallel session was on Copyrights. The first speaker was Dr. Florian Drücke from German Federation of the Music Industry. He started by admitting that the industry reacted very late to the emerge of the Internet. They did not take it seriously until early 2000, but, after realizing it is a tool that is here to stay, expressly started finding ways to protect copyright online. Their current goal is the development of a sustainable digital market and establishing better offer of legally downloadable goods. However, battling pirate content is proving to be very hard.

ECTA, DAY TWO: on Changes and BHAGs (big, hairy, audacious goals)

Post date: 
June 27, 2016
Categories: 
Events, Intellectual Property
Tags: 
ECTA, ECTA Annual Meeting, Intellectual Property, Event

The day started with welcome speeches given by ECTA’s President, Mr. Mueller, Dubrovnik’s Deputy Mayor Mr. Raguž, Mrs. Kauterovac, Director General of Croatian IPO and the organizing Committee, led by Mr. Vukmir.

ECTA, DAY ONE: on particularities and achieving harmonization

Post date: 
June 24, 2016
Categories: 
Events, Intellectual Property
Tags: 
ECTA, ECTA Annual Meeting, Intellectual Property, Event

As mentioned in the previous post, LexDellmeier is attending the ECTA Annual Meeting. ECTA, short for European Communities Trademark Association is an association promoting the knowledge and professionalism of members and owners alike in the fields of trade marks, designs, copyrights and other Intellectual Property rights, within the European Union. Among many other activities, they organize the Annual Meeting, this time taking place in the beautiful Dubrovnik, a historic gem in the south of the Croatian coast. We have prepared a short overview of each day of the Meeting.

Countdown to ECTA

Post date: 
June 21, 2016
Categories: 
Events, Intellectual Property
Tags: 
ECTA, Event, Intellectual Property

 

Although the INTA Annual Meeting has just finished, European IP professionals have another opportunity to meet, mingle and discuss the latest novelties in the field of IP. European Communities Trade Mark Association (ECTA) is organizing their annual meeting from 22 June to 25 June, 2016. The venue is the historic town of Dubrovnik, Croatia. With its colorful naval and merchant past, the organizers considered it to be symbolic to what is currently happening with the new trademark protection system, and named this year´s conference “Rogue Waves and Crosswinds: Trade Marks in Motion”. Although the program predicts a plethora of topics, they will all be emphasizing the new EU Legislative Package Trademark Reform. Although you will get a daily summary of the event, this is a short introduction to the planned discussions, workshops and events.