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Blue Monday for metal products manufacturers

Blue Monday for metal products manufacturers

By the judgment dated October 5, 2022 (ref. T-168/21), the Court of Justice of the European Union  (CJEU) ruled on the distinctive character of a trademark representing the individual color blue (light blue: RAL 5012). The registration of an individual color has been...

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A dispute over one letter with music in the background

A dispute over one letter with music in the background

Probably every Polish person knows the songs KOMBI  band - not only those who were brought up in their heyday (70s-80s of XX c.). Few, however, realize that there are currently two bands on the Polish music scene: Kombi and Kombii. They sing the same songs and use a...

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Who pays for a representative in litigation?

Who pays for a representative in litigation?

An important issue for litigants is the question of the litigation economy. It concerns not only the amounts awarded for damages but also the reimbursement of costs to a successful party by a losing party. In this respect, a large, and perhaps the largest, part of the...

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SFD loss in the battle for EU trade mark

SFD loss in the battle for EU trade mark

On October 27, 2016, the Polish company SFD S.A., engaged in the trade of nutrients, dietary supplements, and dietary foods, filed an application for registration of an EU trade mark with the European Union Intellectual Property Office. Registration as a mark was...

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EU burden of proof guidelines

EU burden of proof guidelines

In March 2021, The Court of Justice of the EU issued an important preliminary ruling in the field of trademark law. It confirms the necessity to respect the principles of EU law before the rules of national law, also in terms of the burden of proof. The case concerned...

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Louis Vuitton loses attempt to block trademark registration

Louis Vuitton loses attempt to block trademark registration

In January, the Opposition Division of the European Union Intellectual Property Office ("EUIPO") reached a surprising decision on an opposition filed by Louis Vuitton. The fashion house had sought to block the registration of a trademark that it claimed was too...

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