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.
In several invalidity proceedings about its marks, Adapta invoked distinctiveness through use on the market. The European Court did not recognise the proof, but specified requirements for proof of distinctiveness acquired through use.
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
Is advertising with Olympia permissible if Olympic rings or compound words such as "Olympic" or "Olympic suspect" are used? The Federal Supreme Court ruled on the interpretation of the German Olympic Protection Act and strengthened trade with its ruling.
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.
Ferrero wins before the ECJ in the trademark dispute over packaging. In yesterday's judgment, the European Court confirmed the previous decisions declaring a competitor's trade mark in similar Tic Tac-style packaging invalid.
Apple has won in the Federal Patent Court. The focus was on Apple's DE patent on display orientation, i.e. the determination and modification of the display depending on whether the user holds his smartphone upright or sideways. This important basic patent was filed as part of the PCT application and was rejected by
The French manufacturer of the well-known MIKADO chocolate bars has won an appeal before the European Court of Justice. The protected earlier 3 D colour mark combined with the brand name MIKADO was recognised as a mark from the shape of the product and as a necessary proof of genuine use of the earlier mark.
In yesterday's judgment of the ECJ in the trademark proceedings concerning the cosmetics brand SO 'BiO ētic, the focus was on the assessment of the court in the judgment of June 2017 in these trademark proceedings. The CJEU disregarded the established case-law on the likelihood of confusion between trademarks and the
Word marks must not be descriptive, therefore new word creations as word marks are popular. The German BPatG now rejected the word creation ColorPlugin as a trademark registration and specified special features in word formation with regard to protectability and distinctiveness.
While Brexit is still politically unclear, the British Trademark Office has presented the planned system for converting EU trademarks into comparable British trademarks.
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.
Due to its descriptive nature, "MARRY ME" cannot be protected as a union word mark for online dating. The European Court saw a direct connection between online dating and marriage.