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CJEU: requirement of unanimous decision of co-owners for licensing depends on national law
In a judgment dated April 27, 2023 (ref. C-686/21), the CJEU considered a preliminary question from an Italian court, which wondered whether, under EU law, the unanimity of co-owners of a trademark is necessary for the granting of a license. The Court ruled that this...
CJEU confirms that information claim does not require proving
In the judgment of April 27, 2023 (ref. C-628/21), the CJEU, in reply to the request for a preliminary ruling from a Polish intellectual property court (District Court in Warsaw), ruled on the information claim referred to in Article 8(1) of the Enforcement Directive...
Polish Patent Office invalidated the 3D trade mark of Tic Tac box!
In Poland, the transparent Tic Tac box is one of the most recognizable packaging for candies among young and adult consumers. Despite this, the Polish Patent Office ruled on February 23, 2023, that it lacks distinctiveness and invalidated two trademarks of Ferrero...
Not easy to register a slogan as a trademark
In the recent judgment the General Court decided that the word sign OTHER COMPANIES DO SOFTWARE WE DO SUPPORT is devoid of distinctive character for services relating to computer software. The General Court has confirmed that it is incorrect to apply to marks being...
Metaverse must respect trademarks
The US court ruled on the trademark infringement in the metaverse. In the widely reported case concerning use by an American artist of NFTs depicting Birkin bag the court decided that the artist infringed the trademark of the French fashion house Hermès. Facts of the...
Amazon under the CJEU magnifying glass
The CJEU has again ruled on the possibility of attributing to operators of online sales platforms liability for a trade mark infringement for advertising goods offered by third-party sellers. The case concerned Amazon's liability for advertising on its platform shoes...
Not worth messing with the giants – the case of Google vs. Google Car
By judgment of 1 February 2023, case no. T-568/21, the CJEU dismissed an action of ZoubierHarbaoui (the Applicant) against the decision of the EUIPO Board of Appeal dismissing the appeal against the decision of the Opposition Division upholding the opposition of...
What decisions can be left to the bailiff in a trade mark infringement case? The CJEU breaking judgment
Justice in Poland is implemented by the courts, and judgments are enforced by bailiffs. The problem arises when the operative part of the judgment is formulated in such a general manner that it de facto leaves it to the bailiff to decide which goods should be deemed...
The obligation to provide justification for the admission of new arguments and evidence in appeal proceedings before the EUIPO
The General Court of the European Union confirmed that the Board of Appeal has extensive authority to admit evidence presented for the first time only in the course of proceedings before it. However, the Board of Appeal must, of its own motion, justify the fulfilment...
Is it permissible for a third party to re-use packaging marked with an original trade mark
The CJEU has once again ruled on the possibility to re-use packaging for a product other than the original one. From the perspective of trade mark law, such an action violates the preliminary function of the trade mark, i.e. to indicate the origin of goods from a...
Increase in legal protection against counterfeit pesticides in Poland
Trading with counterfeit plant protection products is not only a negative economic phenomenon, but also it is a major threat to human life and health and to the environment. The use of illegal pesticides of unknown composition, often manufactured under substandard...
Is it permissible for a third party to re-use packaging marked with an original trade mark?
The CJEU has once again ruled on the possibility to re-use packaging for a product other than the original one. From the perspective of trade mark law, such an action violates the preliminary function of the trade mark, i.e. to indicate the origin of goods from a...
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