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DeutschLimitation in concept of acquiescence. Interruption of the limitation period.
Limitation in concept of acquiescence is inexorably caused by the expiry of the five-year period, except where the proprietor of the earlier trade mark requests the invalidity of the later trade mark before the competent judicial or administrative body or in the event of waiver of the request for invalidity as a result of a coexistence agreement with the proprietor of the later trade mark. The judgment of the Court of Justice states the following doctrine: "an act, such as an sending a warning…
Use of third party's trademark to designate products of the trademark owner - Inditex v. Buongiorno
Background: Buongiorno is a provider of information services via the internet and mobile phone network. In 2010, that provider launched an advertising campaign for the subscription of a paid service for the forwarding of multimedia content via SMS which it marketed under the name 'Club Blinko'. Subscription to that service enabled participation in a prize draw, one of the prizes for which was a 'ZARA gift card' worth EUR 1 000. After clicking on the banner to access the prize draw, the…
Provisional measures revoked or expired for failure of the plaintiff. Admissibility of national systems establishing appropiate compensation and the judge's power to determine damages.
Background: On 15 September 2017, Gilead and others brought an action for infringement of the Supplementary Protection Certificate (SPC) at issue in the dispute before the Commercial Court in Finland directed against Mylan. Gilead and Others also filed an application for interim measures against Mylan. Mylan opposed the infringement action and the application for interim measures. On 30 November 2017, it also brought an action for invalidity of the SPC at issue before that court. By decision of…
Trade secrets - The company's privacy policy alone is not a reasonable measure of secrecy protection.
BACKGROUND TO THE DISPUTE Three directors and senior managers of the insurance company WILLIS IBERIA CORREDURÍA DE SEGUROS Y REASEGUROS S.A., dissatisfied with an international integration project, which finally and subsequently could not be carried out due to the impediment of the American competition authority, decided to set up a new insurance brokerage, DEASTERRA PARTNERS S.L. Finally, after leaving their respective posts, they created the company, which attracted numerous employees and…
Device of the outline of a bear – Three dimensional trademark - Distinctive character
BACKGROUND TO THE DISPUTE On February 2009, Tous SL, applied for and registered the following EUTM for goods, inter alia, in class 14, namely jewellery. On May 2017, Apart sp. z o.o. filed an application for a declaration of invalidity of the registered EUTM, on the basis of art. 51.1 a) of Regulation 40/94, read in conjunction with art. 7.1 a), b), d) and e). On November 2019, the Cancellation Division rejected the application for a declaration of invalidity in its entirety. Consequently,…
AIPF Annual Meeting
Cristina Hernandez-Marti Perez was appointed during the AIPF Annual Meeting in Boston as a member of the Board of Directors. She will also continue as Chair of the Trademark Committee working with attorneys from all over the world and organizing valuable content for AIPF members. During the annual conference there was time to discuss practical applications on artificial intelligence, how AI impacts daily law practice and the current challenges of IP boutiques.
Taschen Totebag Design – Different overall impression
BACKGROUND TO THE DISPUTE On November 2014, HALFAR System GmbH, applied for and registered the following Community design in respect of ‘bags’. On July 2020, Hotel equipment Schranz GmbH filed an application for a declaration of invalidity of the registered Community design, on the grounds that it lacked of novelty and individual character and, in addition it consisted exclusively of features of appearance of a product which are solely dictated by its technical function. On January 2022, the…
Batman - Application for declaration of invalidity dismissed – Trademark with distinctive character
BACKGROUND TO THE DISPUTE On January 2019, Commerciale Italiana Srl, filed an application for declaration of invalidity of the following EU trademark for goods in classes 25 and 28, owned by DC Comics. On May 2020, the Cancellation Division dismissed the application in its entirety. On July 2020, Commerciale Italiana decided to file a notice of appeal against the Cancellation Division’s decision, which was dismissed by the Board of Appeal. Commerciale Italiana and Luigui Aprile decided to…
Copyright - Communication to the public - Broadcasting of background music on means of transport
BACKGROUND TO THE DISPUTE Case C-775/21. On March 2019, UCMR - ADA brought an action before the Bucharest Regional Court against the air transport company Blue Air, seeking remuneration still due and penalties for the communication to the public of musical works on board Blue Air’s aircraft without obtaining a licence. Blue Air submitted that, although it has the software needed for broadcasting musical works in 22 of its 28 aircrafts, it communicated to the public only one musical work as…
Conguitos - nullity application based on art. 8.5 EUTMR rejected - different goods
BACKGROUND TO THE DISPUTE On January 2012, Mr. Mariano Esquitino Madrid, filed an application for registration of the following EU trademark for goods in classes 3, 14 and 18. On December 2016, Chocolates Lacasa Internacional, S.A., applied to the EUIPO for invalidity of the said EUTM on the basis of, among others, its EU word mark "Conguitos" registered in class 30. The Cancellation Division rejected the invalidity application on February 2021. Chocolates Lacasa filed an appeal before the…