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Monkeying around with UK passing off rights in EU trademark oppositions

With much surprise to both the EUIPO and most of the legal IP community, the General Court (GC) in a judgment of 16 March 2022 in case Nowhere v. EUIPO holds that UK passing off rights remain valid earlier rights in EUIPO...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

adidas victorious again in defending its rights to the Three Stripes

The General Court has once again upheld adidas’ oppositions against two copycat applications for two stripes positioned on a shoe. The two decisions issued on 1 March 2018 (in Cases T-629/16 and T-85/16) come as part of the...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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