News & Analysis as of

Appeals European Union Trademark Infringement

Hogan Lovells

Iconix v Dream Pairs: post sale confusion is enough for UK trade mark infringement

Hogan Lovells on

The UK Supreme Court has allowed Dream Pairs’ appeal against the decision of the Court of Appeal and confirmed that post-sale confusion alone is sufficient for UK trade mark infringement to be established because damage to...more

BCLP

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

BCLP on

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Proskauer Rose LLP

Three Point Shot - November 2022

Proskauer Rose LLP on

NBA Properties Lands Slam Dunk in Intellectual Property Win Heard Around the Globe - NBA Properties, Inc. (“NBAP”), the exclusive licensee of the National Basketball Association (“NBA”) and NBA teams’ distinctive trademarks,...more

Hogan Lovells

CJEU: Sweet victory for well-known trademark against registered design

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In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action...more

International Lawyers Network

When appealing bears fruit: Pear Technologies v EUIPO – Apple

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice...more

Hogan Lovells

Europe: Well-Known Brand Owners Learn From Puma – Evaluate Your Reputation Right!

Hogan Lovells on

(Judgment of 26 September 2018 in Case T-62/16 – Puma SE v. EUIPO / Doosan Machine Tools Co. Ltd) - In a case concerning completely dissimilar goods and different public, the General Court (GC) once again confirmed that...more

Hogan Lovells

Europe – General Court: Bad faith’s link to likelihood of confusion

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(Case analysis: T-687/16 – Koton Magazacilik Tekstil Sanayi ve Ticaret AS v EUIPO / Joaquín Nadal Esteban) - Successfully proving bad faith in a cancellation action can be a challenge....more

Hogan Lovells

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Hogan Lovells

Europe – General Court: EUTM revocation action takes the biscuit

Hogan Lovells on

(Judgments of 23 October 2017 in Cases T-404/16 and T-418/16 – Galletas Gullón SA (Gullón) v EUIPO) - The General Court has recently overturned two EUIPO Board of Appeal decisions which deemed Gullón’s marks as used to be...more

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