The General Court rules on procedural bad faith. The MONOPOLY CASE.

On 30 April 2010, the appellant, Hasbro, Inc. filed an EUTM application of the word mark MONOPOLY, in classes 9, 16, 28 and 41, being granted in 2011 (EUTM 9071961).


Celebrities names should be taken as a whole when they do so artistically. Miley Cyrus v. Cyrus

On 21 April 2014, the applicant Smiley Miley Inc. filed an application for registration of an EUTM for the word sign “MILEY CYRUS”, in regards to Classes 9, 16, 28 and 41. On 14 September 2014, Cyrus Trademark Ltd filed a notice of opposition against the application, based on a prior EUTM registered for Classes 9 and 20.


YouTube only infringes copyright if it contributes towards the public accessing illegal content on the platform.

In the dispute which gave rise to the first case (C-682/18), in 2008, Frank Peterson, a music producer, sued YouTube and its legal representative, Google, before the German courts in relation to the posting online on YouTube of several phonograms in which he claimed to hold various rights. In the dispute which gave rise to the second case (C-683/18), in 2013, the publisher, Elsevier, brought an action against Cyando AG concerning the making available online, on its file hosting and sharing…


The inclusion of a Protected Designation of Origin as part of a trademark – Lar de Duero Case

On 7 November 2017, the Spanish Patent and Trademark Office rejected the application for registration of trademark no. 3658229, with the distinctive sign "LAR DE DUERO" for "wines, all wines covered by the Ribera de Duero designation of origin". The Regulatory Council of the Designation of Origin Ribera del Duero lodged an appeal against this decision on 21 May 2018. This appeal was also rejected and, finally, an appeal for judicial review was lodged, with the Chamber for…


There is a likelihood of confusion between the requested trade mark INCOCO and the registered trade mark COCO.

On 23 January 2014 Innovative Cosmetic Concepts LLC applied to the European Union for registration of the international trade mark 'INCOCO' (word mark), for Classes 3, 35 and 44. On 23 October of the same year Chanel filed a notice of opposition alleging likelihood of confusion with two earlier French marks under the word mark 'COCO', for the same Classes. On 27 November 2018, the Opposition Division upheld the opposition and the applicant filed an appeal against that decision. Thus, on 16…


Can colours be regarded as descriptive of the taste? “Sienna Selection” case

On 14 September 2018, the applicant Philip Morris Products filed an application for registration of an EU trade mark for the word sign “SIENNA SELECTION” for goods contained in Class 34. On 19 June 2019 the examiner refused the registration on grounds of Arts. 7.1 (b) and (c) of the Regulation on the European Union Trade Mark, for being non-distinctive and descriptive of the goods applied for. On 30 July 2019 the applicant lodged an appeal which was dismissed by the Fifth Board of Appeal on 18…


The Polo Ralph Lauren logo will remain a registered trademark in the European Union. RALPH LAUREN v Style & Taste

On 29 September 2004, The Polo/Lauren Company LP applied for registration as an EUTM of a figurative sign consisting of a polo player on a horseback holding up his black polo stick. The mark was registered on 3 November 2005.


Limits of the ius utendi conferred by the trade mark. Non-existence of trade mark infringement. Absence of likelihood of confusion. KHAMA vs KALMA COLCHÓN

In summary, the proprietor of the mixed national trade mark KHAMA, the sign of which isbrings an action for infringement against the defendant. He bases his claim on the fact that the trade mark distinguishes the trade in mattresses, whereas the defendant distinguishes the mattresses it manufactures by means of the sign KALMA, and that there is a likelihood of confusion.


Three-dimensional trade mark conflict: Is there a risk of confusion between these two water bottles?

The 5 January 2016 Volvis Holding SA filed an application for registration of an EU trade mark for a three-dimensional sign, for Classes 32, 35 and 39.


Lack of individual character in a Community design as a ground for invalidity

On 13 March 2019 Creative 7 UK Ltd filed and registered the following travel bag


Is a bullfighter’s performance protected by copyright?

The background of the case dates back to 2014, when a reputed bullfighter applied for the registration in the intellectual property register of a work entitled "Performance of two ears with request of tail to the bull "Curioso" nº 94, weighing 539 kgs, born in February 2010 at the Garcigrande livestock farm Feria de San Juan de Badajoz, 22 June 2014".


Has AMEN a meaning for the General Court? Conceptual dissimilarities overweight visual and phonetical similarities.

On 3 of May 2018, Ms Isaline Grangé and Ms Alizeé Van Strydonck filed an EUTM application for the word sign “âme”, for Classes 18 and 25. On the 21 August 2018 Nema Srl filed a notice of opposition based on the figurative trade mark “AMEN”, which was already registered in goods for the same Classes. The opposition was relied on grounds of Art.8.1(b) of the European Union Trade Mark Regulation.