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

Tuscany´s gold

Post date: 
March 07, 2017
Categories: 
Geographical Indications, Intellectual Property, IP Rights, Trademarks
Tags: 
Geographical Indications, European Union Trademark, European General Court

Combining the fact that Italy is the third biggest producer of GI products in the EU and that Italian cuisine is cherished across the globe, it is safe to say that IP infringements are imminent. This time the legal battle stems from Tuscany, Italy´s fruitful producer of wine, cheese, cold cuts and, important for this case, extra virgin olive oil.

 

Counterfeiting: A cry for help from top brands

Post date: 
February 16, 2017
Categories: 
Brand, Counterfeiting, Intellectual Property
Tags: 
Counterfeiting, Product Piracy, Brand

 

After a worrying OECD report last year (more on that here), this year the fight against pirated goods continued with a letter addressed to the president of the European Commission, Mr. Jean-Claude Juncker.

HAPPY HOLIDAYS from the LexDellmeier IP Team

Post date: 
December 20, 2016
Categories: 
Christmas

Importance of Use of Trademarks in Germany and the EU

Post date: 
November 10, 2016
Categories: 
Brand, German Patent and Trademark Office, German Trademarks, Intellectual Property Law, IP Rights, Trademarks
Tags: 
Trademarks, Trademark Use, Proper Use of Trademarks in Germany, the EU, Markenbenutzung, Benutzung von Marken

Trademark Use in Germany and the EU - Why brand owners must use their trademarks

Trademarks present a link between a brand owner and its consumers. They are the easiest way to differentiate one product from another and one competitor from another, at the same time creating customer loyalty and strengthening of the brand. However, why do brand owners actually need to use their trademark if it is registered? This article tackles the importance of genuine trademark use and how to prove use in Germany and the EU.

How do you receive trademark protection in Germany and the EU?

FOOTBAL BRANDS 2016: Who leads the game?

Post date: 
September 21, 2016
Categories: 
Brand Finance Banking 500, Brand Value, Finance Brand, Intellectual Property Law, IP Rights, Ranking, Trademarks
Tags: 
Brand Finance Football 50, Trademarks

Brand Finance Football 50 is an annual study conducted by one of the leading brand valuation and strategy consultancies. The study published on June 6, 2016 determines which of the word largest football clubs have the most powerful and valuable brands.

The numbers do not lie. As can be seen in the chart, the world’s most valuable football club brand this year is Manchester United FC with a brand value estimated at 1,170 USD million. The second position is occupied by the current Champions League Winner, Real Madrid, and the podium’s third place is attributed to its forever greatest rival, Barcelona.

Trademark issue: Red sole(ly) for Louboutin?

Post date: 
July 28, 2016
Categories: 
Brand, Intellectual Property, Likelihood of confusion, Trademarks
Tags: 
Brand, Louboutin Red Sole, Trademark, position mark

The color red means energy, strength, power and passion. Shoe-wise, for most women it means one thing: Louboutins. However, the road was not easy for the French designer. In-and-out of courts for years now, the battles for his in(famous) “Red Sole” linger on. The most complex one, against van Haren, made its way up to the European Court of Justice (CJEU, ECJ) on 27 May 2016. We are giving you a summary of Louboutin´s time in court, as well as keeping you posted on all the updates.

 

USA

Christian Louboutin had no problem registering his red soles in the USA. Under the registration numbers 3376197 and 3361597, the US Patent and Trademark Office readily protected “lacquered red sole on footwear” or the “Red Sole Mark”.

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.