NEWS

  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...

  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...

  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...

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...

  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...

  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...

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...

  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...

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...

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...

  The Court of Justice of the European Union (CJEU) ruled in the case of KP v TV, Gemeinde Bodman-Ludwigshafen (C-256/21) on the possibility of invalidating a trade mark by way of a counterclaim if the main action for infringement has been withdrawn. CJEU ruled...