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New packaging rules will soon become law across the EU – consider the implications for your brand

The EU Packaging and Packaging Waste Regulation (PPWR) is about to come into force and will significantly change packaging laws across the EU. The aim of the legislation is to eliminate packaging waste by ensuring that all...more

Europe: CJEU / GC roundup – H1 2018

Over the first half year, we have covered a number of high profile cases heard before the General Court (GC) and the European Court of Justice (CJEU). Here’s a quick roundup of the cases with a takeaway summary for each...more

The CJEU confirms that unitary evidence can show acquired distinctiveness throughout the whole of the European Union

In the context of the KitKat shape mark saga, in Société des produits Nestlé SA v Mondelez UK Holdings & Services Ltd and another (Joined Cases C-84/17 P, C-85/17 P and C-95/17 P), the CJEU provided significant guidance on...more

Europe: The General Court agrees – it’s genuine!

Judgment of 17 January 2018 in Case T-68/16 Deichmann v EUIPO – Munich - The General Court (GC) upheld the Board of Appeal’s (BoA) finding that evidence showing minor differences in a cross device nevertheless clearly...more

Europe: A sweet victory for Cactus - CJEU confirms principles of legitimate expectations and genuine use

(Judgment of 11 October 2017 in Case C-501/15 P – EUIPO v Cactus) - The CJEU confirms that two cases which fundamentally changed the EUIPO approach to construing the scope of protection of EUTMs do not have retroactive...more

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