The reputation of an innocent rabbit would be damaged by the use of a similar sign for sex toys

The EUIPO Board of Appeal finds that the earlier mark has acquired such a high reputation, at least in the Netherlands, that it would, in any event, extend beyond the public targeted by that mark.

As a consequence of that link, the BoA considers that use of the contested mark would be detrimental to the repute of the earlier mark

https://euipo.europa.eu/ohimportal/en/web/guest/-/the-reputation-of-an-innocent-rabbit-would-be-damaged-by-the-use-of-a-similar-sign-for-sex-toys

#CaseLaw #trademarks #IntellectualProperty

The Boards of Appeal confirmed the decision to reject the mark ‘PEANUT EXTASY’ on the basis that it is contrary to public policy.

The BoA concluded that ʻEXTASYʼ would immediately be perceived by the French-speaking public as an illegal drug.

More case-law in our newsletter https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_euipo/alicante_news/alicantenews_january_2023_en.pdf (PDF)

#extasy #peanut #intellectualproperty #caselaw

The General Court of the EU confirms the cancellation of Louis Vuitton's chequerboard pattern trade mark.

It ruled that Louis Vuitton hadn't provided convincing evidence of acquired distinctiveness through the use of this pattern trade mark in certain EU Member States.

Read the case law comment by the EUIPO Boards of Appeal in the latest issue of our newsletter: https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_euipo/alicante_news/alicantenews_january_2023_en.pdf #Vuitton #CaseLaw #LouisVuitton #trademark

🔴 Invalidity of the word mark ‘ICELAND’ and the figurative mark (in the image) confirmed.

Iceland (the UK chain of supermarkets) registered both marks for a range of goods and services, but Iceland (the country -via Ministry for Foreign Affairs and Business) filled invalidity requests.

The Grand Board applied the ‘Chiemsee’ criteria and found that the marks in question would be perceived as originated from Iceland (the country)

All the details here: https://www.linkedin.com/feed/update/urn:li:activity:7011269298669133824

#caselaw #iceland

For the 1st time, the General Court answered the question, ‘Can the provision of services outside the EU constitute genuine use in the EU?’

"While it is clear that use of an EUTM outside the EU cannot be taken into consideration, there is a distinction between the place where the services are rendered and the place of use of the mark."

Read case-law comment by Mr Bartos, member of the EUIPO Boards of Appeal in our monthly newsletter https://euipo.europa.eu/ohimportal/en/alicante-news

#CaseLaw #IntellectualProperty

Trade marks contrary to public policy or accepted principles of morality | Case-law research report available.

We have seen through the years many cases involving applications to register trade marks such as:

'Fack Ju Göhte'
'Terps Army'
'Well weed'
'Curve'
'Ficken'
....

Now, you can check out this report that reflects the existing case-law , contributing to enhance consistency, coherence and transparency

Find it here:
https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/contentPdfs/about_euipo/boards_of_appeal/research_reports/Public%20policy%20and%20morality_final_en.pdf (PDF)

#caselaw #IPCaselaw #trademarks

Louis Vuitton's chequerboard pattern cancelled.

In case T-275/21, the General Court confirmed the EUIPO's decision.

It concludes that the trade mark had not acquired distinctiveness through use in the whole EU territory.

Case file here: https://euipo.europa.eu/eSearchCLW/#basic/*///number/0274%2F2017-2

#LouisVuitton #trademarks #IntellectalProperty #CaseLaw

This month, in our newsletter, we have put a lawyer in the kitchen. The result, a reflection about food and IP law, by Eleonora Rosati.

But there's more:
🎨 Revision of Regulation and Directive on industrial designs
🇪🇺 #DesignEuropa Awards
💡 Practice tip: Acquired Distinctiveness
🇵🇱 🇮🇹 Poland & Italy join IP Register in Blockchain
🤖 Artificial intelligence at the EUIPO
👩‍⚖️ Latest Case law

Read & subscribe: https://euipo.europa.eu/ohimportal/en/alicante-news

#caselaw #intellectualproperty #design #geographicalindications

A viral Instagram post by Rihanna used as proof against PUMA in a design case.

In 2016 PUMA filed a registered Community design application here at the EUIPO. A few years later, an invalidation proceeding was initiated, claiming that the design lacked novelty because it had been disclosed before.

The evidence? A picture of Rihanna wearing the same shoes on her Instagram account in 2014.

More on Alicante News, our monthly newsletter https://euipo.europa.eu/ohimportal/en/alicante-news

#rihanna #caselaw #design #puma

'Laugh now...' Banksy's monkey trade mark is valid.

The 5th Board of Appeal of the EUIPO confirms it.

In a decision on Case R1246/2021-5, the Board of Appeal annuls the cancellation of the EUTM and rules that there is no bad faith (the Cancellation Division considered that Banksy never had any intention to use the mark).

Link to case: https://euipo.europa.eu/eSearchCLW/#basic/*///number/R1246%2F2021

#banksy #intellectualproperty #copyright #trademarks #caselaw

'Laugh now...' Banksy's monkey trade mark is valid.

The 5th Board of Appeal of the EUIPO confirms it.

In a decision on Case R1246/2021-5, the Board of Appeal annuls the cancellation of the EUTM and rules that there is no bad faith (the Cancellation Division considered that Banksy never had any intention to use the mark).

Link to case: https://euipo.europa.eu/eSearchCLW/#basic/*///number/R1246%2F2021

#banksy #intellectualproperty #copyright #trademarks #caselaw

What are the rules on criminal #detention conditions & what is the reality across the EU & UK?

Check out our online database.

With all the latest #CaseLaw and now also covering women in detention and prison food.

Find out more:
https://fra.europa.eu/en/news/2022/criminal-detention-conditions-database-new-information-women-detention-and-food-prisons