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Searching Content indexed under Trademark by Van Bael & Bellis ordered by Published Date Descending.
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1
ECJ On Trade Mark Protection Of Quality Labels
On 11 April 2019, the ECJ issued its judgment in the ÖKO-Test Verlag case (C-690/17) on the interpretation of Regulation 207/2009 on the European Union trade mark and Directive 2008/95 on the approximation of the laws ...
European Union
11 Jul 2019
2
Distinction Between Colour And Figurative Marks Is Crucial For Registration Purposes
The central question was whether a sign represented as a colour drawing (as above) can be registered as a colour mark.
European Union
10 Jul 2019
3
McDonald's ‘Big Mac' Trade Mark Revoked By European Union Intellectual Property Office
The EUIPO then moved on to analyse the evidence put forward by McDonald's to prove genuine use.
European Union
17 Apr 2019
4
Trade Mark Registration Of STREAMS Rejected For Being Descriptive
On 31 January 2019, the General Court handed down its judgment in Case T-97/18, DeepMind Technologies Ltd. v. EUIPO, in which it denied the registration of the sign STREAMS as a trade mark for being descriptive ...
European Union
16 Apr 2019
5
European Union Intellectual Property Office Protects Trade Mark Of Beats Electronics Against Later Similar Trade Mark Of Competitor
On 19 December 2018, the Fourth Board of Appeal of the European Union Intellectual Property Office found in favour of Beats Electronics and annulled a decision of the EUIPO's Opposition Division of 29 March 2018.
European Union
16 Apr 2019
6
European Union Intellectual Property Office Allows Registration Of Bacardi Bottle As Trade Mark
On 21 December 2018, the Fourth Board of Appeal of the European Union Intellectual Property Office allowed the registration of the Bacardi bottle as a figurative European Union trade mark.
European Union
16 Apr 2019
7
General Court Annuls EUIPO'S Refusal To Register Figurative Mark ‘Chiara Ferragni' As EU Trade Mark
Serendipity filed an appeal before the EUIPO Fourth Board of Appeal but was unsuccessful.
European Union
16 Apr 2019
8
Burden Of Proof Of Exhaustion Of Intellectual Property Right Rests With Alleged Infringer
It added that Bacardi had not provided enough evidence to show that it had not provided consent for each and every contested good.
Belgium
25 Feb 2019
9
European Union
19 Feb 2019
10
Warehouse Storage Of Copyright-Infringing Products Amounts To Act Of Distribution
Hence, the Patent Court of Appeal concluded that the storage of goods in warehouses does not constitute an attempt or preparation of a trade mark or copyright infringement.
Sweden
29 Nov 2018
11
3-D Pattern Covering Soles Of Birkenstock Shoes Cannot Be Protected As Figurative Mark
On 13 September 2018, the ECJ held in Case C-26/17P, Birkenstock v. EUIPO, that Birkenstock's pattern of wavy lines crisscrossing at right angles in a repetitive sequence could not be protected as a figurative mark.
European Union
7 Nov 2018
12
Debranding And Rebranding Imported Products Constitutes Trade Mark Infringement
On 25 July 2018, the Court of Justice of the European Union held in case C-129/17, Mitsubishi Shoji Kaisha Ltd & MCFE BV v. Duma Forklifts NV and GSI International BVBA, that the debranding and rebranding ...
European Union
8 Oct 2018
13
Parallel Trade: Rebranding Of Generic Medicine To Originator Brand Name Constitutes Trade Mark Infringement
In reaching this conclusion, the Court referred to the Belgian regulatory framework which embraces the principle of "therapeutic freedom" which, as a rule, prohibits substitution in the deliverance of medicines.
European Union
31 Aug 2018
14
Court Of Justice Of European Union Holds That Louboutin Red Soles Qualify For Trade Mark Protection
Instead, a definition must be provided by considering the usual meaning of the word ‘shape' in everyday language.
European Union
31 Aug 2018
15
Benelux Countries Update Trade Mark Law
The Protocol contains almost exclusively provisions the implementation of which is mandatory under the Directive.
European Union
2 May 2018
16
Adidas Wins Battle Against Belgian Shoe Maker Over Three Parallel Stripes Trade Mark
This ruling is an important victory for Adidas in its long-running dispute with SB.
European Union
2 May 2018
17
Second Advocate General Opinion In Louboutin Red Sole Trade Mark Case
On 6 February 2018, Advocate General Szpunar (the "AG") issued a second opinion in the dispute opposing Christian Louboutin ("Louboutin") against Van Haeren Schoenen BV ("Van Haeren") .
European Union
27 Mar 2018
18
EU Court Of Justice Clarifies Exhaustion Of Trade Mark Principles And Broadens Test For Economic Links Between Trade Mark Owners
This counterclaim was withdrawn when the Spanish Competition Authority began an investigation into Schweppes's behaviour.
European Union
14 Feb 2018
19
No Likelihood Of Confusion Between Aldi's Buval Beer And Jupiler Trade Marks
Unlike the President, the Court of Appeal found no trade mark violation on any of the grounds relied on by InBev.
Belgium
14 Feb 2018
20
EU General Court Refuses Trade Mark Protection For Red Bull's Colour Mark
As a result, the General Court upheld the invalidation of Red Bull's silver and blue trade marks.
European Union
14 Feb 2018
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