CJEU on genuine use of a three-dimensional trade mark on which a word mark has been affixed

IPPT20190123, CJEU, Klement v EUIPO

Trade Mark Law - General Court implicitly held that trade mark in question has a high degree of distinctiveness solely because of its unusual shape, even though that shape is to some extent functional. Trade mark in question has been put to genuine use even though the word mark “Bullerjan” is affixed to the goods. …


Cystus has not been put to genuine use despite being used on the packaging of the goods concerned

IPPT20190131, CJEU, Pandalis v EUIPO

Trade mark law - Appeal against General Court finding that “Cystus” has not been put to genuine use despite being used on the packaging of the goods concerned unfounded: the condition of genuine is not fulfilled where the mark affixed to an item does not contribute to creating an outlet for that item or to …


McDonald’s EU word mark BIG MAC revoked by the EUIPO

Case law

Trade mark law - Supermac's request for revocation of McDonald’s EU trade mark registration for the word mark BIG MAC is upheld by the Cancellation Division of the EUIPO. According to the EUIPO, has not proven genuine use of the contested EUTM for any of the goods and services for which it is registered, since the …


Leythem Wall joins HGF in The Hague Office


Press release HGF: "HGF’s expansion continues into 2019 with the arrival of Leythem Wall who joined the firm Monday 14th January 2019, in The Hague office. 


Leythem has particular expertise and substantial experience in Oppositions and Appeals, regularly representing clients in Oral Proceedings before the …


Editor in chief Dick van Engelen on copyright protection of food products


Copyright - In Levola/Smilde, the CJEU ruled that the taste of a food product cannot (yet) be protected by copyright. Hear more from our editor in chief Dick van Engelen, who is also an extraordinary Professor of Intellectual Property Litigation and Transaction Practice with Maastricht University.


AG: Google must accede to a request for the dereferencing of sensitive data, except for the exceptions under Directive 95/46

Pending Case law

Curia press release: "[...] In his Opinion delivered today, Advocate General Maciej Szpunar begins by stating that the provisions of Directive 95/46 should be interpreted in such a way as to take account of the responsibilities, powers and capabilities of a search engine. Thus, he points out that the prohibitions and …


AG: the Court should restrict the scope of the dereferencing that Google has to carry out to the EU

Pending Case law

Curia press release: ''[…] In today’s Opinion, Advocate General Maciej Szpunar begins by indicating that the provisions of EU law applicable to the present case do not expressly govern the issue of the territorial scope of de-referencing. He therefore takes the view that a distinction must be made depending on …


China develops intellectual property rights protection


The Telegraph: "China’s State Council Information Office held a press conference on 11 December, focusing on reform and opening-up and intellectual property right (IPR) development. Deputies of IPR protection were invited to the conference, sharing their own experience and stories, and introducing China’s historic …


Vans is suing Primark for trademark infringement


Independent.co.uk: "Vans and parent company VF Corp is suing Primark for allegedly copying the design of two of its iconic skateboard trainers. Vans claims Primark has been selling "intentional copies" of the trainers since 2017, and had thought the matter was settled last January after asking them to stop. However, …


A number of artistic work from 1923, protected by US copyright, is now copyright free


Hyperallergic.com: "On January 1, a number of films, books, songs, and artistic works once protected by US copyright, and all from the year 1923, will suddenly be in the public domain. So starting today (January 1) anyone can freely read, cite, or republish.


That includes Marcel Duchamp’s original "The …


Nirvana is suing Marc Jacobs for copyright infringement


Highsnobiety: "Nirvana is suing Marc Jacobs for copyright infringement in Redux Grunge Collection. The case concerns Marc Jacobs’ November 2018 Redux Grunge Collection, which the band claims uses the smiley face logo created by Kurt Cobain in 1991. Additionally, the band states that the fashion brand also used …


Japan has extended its copyright protection term


Digitial Music News: "[...] Under pressure from entertainment companies, Japan has just extended its copyright protection term. [...] In Japan, copyright protection has now been extended from 50 years to 70 years after the author’s passing. [...]."


Read more here.


Photographer sues Jennifer Lopez for posting image


Fstoppers: "Pop singer Jennifer Lopez is the latest public figure to find herself embroiled in a legal battle, after a photographer announced he is suing her for $150,000 damages after she posted his image without permission. 

Lopez added the photo to her Instagram story back in June, accompanying it with a …


'Carlton' (Ribeiro) files lawsuit against Fortnite for copying dance moves


BBC News: ''The Fresh Prince of Bel-Air star Alfonso Ribeiro is suing Fortnite's creators Epic Games, accusing them of copying his character's dance moves.

Ribeiro is also suing NBA 2K series creators Take-Two Interactive for using the "Carlton Dance".

The actor claims the companies unfairly profited from his …


CJEU on the protection conferred by the exclusive distribution right of copyright protected goods

IPPT20181219, CJEU, Syed

Copyright - The storage by a retailer of goods bearing a motif protected by copyright on the territory of the Member State where the goods are stored may constitute an infringement of the exclusive distribution right of article 4(1) of the InfoSoc Directive: the distribution right may include an act prior to the …


The end of the Blurred Lines copyright suit


ew.com: "The lengthy legal battle over Robin Thicke and Pharrell Williams’ “Blurred Lines” finally came to an end this week with a payday for the Marvin Gaye family. The copyright lawsuit was settled on Monday when California Judge John A. Kronstadt entered a judgement of approximately $5 million against …


Cyprus loses trademark 'halloumi' because correspondence went unanswered


Cyprus Mail: "Cyprus has lost the halloumi trademark in the UK essentially because of a change of address and because crucial correspondence from the UK dealing with the case either went astray or was not dealt with by the correct officials at the commerce ministry. The “evidence simply demonstrates that the …


Cadbury purple trademark remains subject of litigation


The Drum: "Cadbury has faced yet another setback over its decades-long battle to own the right to trademark the colour purple, which it has used for its chocolate bars since 1905. A decision by the UK Court of Appeal in 2013 to reject its second trademark placed Cadbury's valid 1995 trademark, which only covers …


Portuguese national word mark adegaborba.pt is descriptive

IPPT20181206, CJEU, Portugal Ramos Vinhos v Adega

Trade mark law - adegaborba.pt shall not be registered as a national Portugese word mark based on article 3(1)(c) of Directive 2008/95 regarding signs which consist exclusively of indications which may serve to designate the characteristics of the goods or services: the article pursues an aim that is in the public …


Willemijn Docter joins HGF Amsterdam Office


Press release HGF: "HGF are pleased to announce further growth of the HGF Amsterdam office with the arrival of Willemijn Docter who joined the firm as a Senior Trade Mark Attorney on 1st December 2018. 




Willemijn’s practice encompasses all aspects of trade mark and design law from developing …