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UNITARY PATENT

In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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News Patent Issues Autumn 2014

Patent issues

Motorola Sue Microsoft but invention is obvious

Motorola sued Microsoft before the High Court for infringement of European Patent (UK) No 0847654 which related to synchronization of messages between multiple two-way pa...

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Pinterest

Having to rely on unregistered trade mark rights in an OHIM opposition is never a pleasing prospect. The standard of proof demanded is usually extremely high and the pitf...

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Candy Crush Saga

Another highly successful web-based product is the mobile video game, Candy Crush Saga. This product is reported to be the most popular game on Facebook with around 50 mi...

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Greek Yoghurt

​Greek yoghurt is a type of yoghurt that has been strained to remove the whey, giving it a thicker consistency while preserving the yoghurt’s sour taste. It has become in...

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Rhianna vs Topshop

​In another passing off case before the English High Court (Fenty v Arcadia Group Brands), the pop singer Rihanna was able to restrain the UK fashion chain Topshop from s...

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Aermacchi

A bad faith cancellation action before OHIM involving the house mark of the well-known Italian aircraft manufacturer, Aermacchi, recently succeeded.​A Spanish company, Gr...

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Caserta Salvi

​One of the tricks of the OHIM trade has always been, when a word mark is rejected as non-distinctive, to file again with a combination of the unacceptable word mark and ...

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Belgian Electronic Sorting Technology

A recent ruling of the Court of Justice (CJEU) (Belgian Electronic Sorting Technology (BEST) v Peelaers (C-657/11)) considered the meaning of the word “advertising” in Ar...

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Steiff

​The difficulty in protecting unusual trade marks in the European Union has been illustrated once again by two recent decisions of the (European) General Court in Margare...

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Knut

​More on bears or, at least, a particular bear. Knut was a polar bear kept in captivity in Berlin Zoo (Zoologischer Garten Berlin) from 2006 until his death in 2011.​Knut...

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Panini

​The preoccupation of European trade mark authorities with the phonetic comparison of two trade marks has led to many odd decisions being made on likelihood of confusion....

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Golden Balls

​When Inez and Gus Bodur decided to choose the phrase Golden Balls as the name of their sportswear company back in 2001, they could hardly have imagined the trade mark st...

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Rivella International

In Rivella International v Baskaya di Bashaya Alim (C-445/12P), the Court of Justice confirmed that the proof of use provisions in OHIM oppositions (Article 42(3) CTMR) d...

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Ann Summers

​Ann Summers is a British multinational company specialising in lingerie and sex toys. Founded in 1970, the company is said to have been named after the secretary (Annice...

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The Animals

There was a time when the members of pop groups would retire gracefully either to their country piles to rear pigs or to their tax havens to admire the view over the Med....

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Fraud

​A UK trade mark application filed by the Fraud Music company to register the Fraud (stylised) mark shown above in respect of Class 25 goods was successfully opposed by t...

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Gucci

​An area of EU trade mark practice that is full of potential pitfalls, is proof of use of a registered trade mark either in an opposition or in a revocation action.The ev...

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