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DeutschThe targeted public as main criteria to determine the competent Court in infringement cases
Background of the case AMS Neve is an entity based in the United Kingdom which core business is audio equipment and Heritage Audio, is an entity settled in Spain dealing with the same kind of goods. In 2015 AMS Neve filed a lawsuit against Heritage Audio before the competent Court in United Kingdom concerning an infringement claim arising from the alleged wrongful use of rights conferred by an EU trade mark and two national trademarks. AMS Neve is exclusive licensee over the concerned marks.…
The shape of a guitar to designate musical instruments: lack of distinctivness
On June 16 2010, the applicant, Gibson Brands Inc., filed an application for a tridimensional EU trademark which represented the shape of a guitar body as follows: The goods embodied in the application of the EUTM, are those in Class 9, 15 and 25. In particular is sought the protection of musical instruments (Class 15). EUIPO accepted the registration of the subject mark on July 20, 2010 under Registration No. 9179953. On October 7, 2014, a third party filed an action for a declaration of…