The German federal government has passed a bill from the Ministry of Justice to strengthen fair competition. The law passed yesterday is intended to curb abuse through warnings. In addition, the bill provides for a repair clause in the automotive sector.
The ECJ ruled that a sign of an structured colour combination cannot be registered as a colour mark. This is an important judgment in the border area between figurative mark and colour mark and also position mark. A lack of clarity in such a trademark application leads to a contradiction and to the exclusion of the
A 2D pattern does not merge with the shape of the product if it is applied to goods such as paper or textile whose shape differs from these decorative designs, the ECJ ruled today.
The Federal Supreme Court ruled that a mosaic-like overall view of individual elements is not relevant for for determining the scope of protection of a design. A registered design must also be evaluated as an overall impression – even if its a design for a modular system.
Does a distinctive bow on the shoe lead to a patent infringement? Shoe manufacturer Eliya has filed a declaratory action against Skechers before the U. S. District Court of New York after Skechers accused Eliya of patent infringement.
If a manufacturer is prohibited from selling its goods in Germany after a competition infringement, it must also recall products that have already been delivered. What is to be considered in this respect for defendants and claimants in an injunction relief and in an interim injunction?
In the case of a spare part according to the repair clause, it must be visibly informed that this does not originate from the original manufacturer. Current case law defines this obligation to inform: motor vehicle rims in the Case Law.
The fact that individual features of an earlier design are known in advance does not preclude the individual character of a more recent design. In the nullity proceedings, the European Court ruled on two luminaires and specified the degree of freedom of the designer and the individual character of a design.
The Dutch court Rechtbank Den Haag has ruled in the long-running legal dispute over Louboutin's famous red shoe sole. The court upheld the ECJ's June 2018 ruling on the case. Van Haren is not allowed to sell pumps with a red sole, Den Haag court ruled last week.
Since January 2019, China has had an IP court for appeals and therefore for all intellectual property proceedings. This is a signal from the Chinese government to improve the legal protection of intellectual property in China for both national and international companies.
The colour purple from the international confectionery manufacturer Cadbury cannot be split as a trademark in the UK. The British Court of Appeal rejected Cadbury's altered trademark application for "Color Purple" in December. This judgment provides a summary about registration of abstract colour marks.
A position mark consisting of a bottle cap with a ring and a cord is devoid of any distinctive character, the European Court of Justice held. Such a position mark necessarily merges with the appearance of the goods.
In a recent judgment of the European Court in invalidity proceedings concerning a Community design, the court specified designer’s degree of freedom and thus also how different paint spray guns must be, which are restricted by applicable construction concepts and a saturation of the technical standard in design.
Many applications for a Union or national trade mark fail because they lack of distinctive character. Should the most probable form of use be taken into account in the course of the examination? The BGH in Germany recently had to decise on the wordmark #darferdas and refers this question to the ECJ.
In today's preliminary ruling by the Advocate General of the ECJ, important questions relating to graphic marks will be clarified. A figurative mark cannot be applied for as a colour mark and there are clear differences in the distinctiveness of figurative and colour marks.