Intellectual Property, European Union updates

EU Trademark Court rules on use of well-known trademarks to sell smell-alike perfumes
Grau & Angulo
  • European Union
  • 06 May 2019

Section 8 of the Alicante Provincial Court (acting as the EU Trademark Court) recently dismissed Equivalenza Retail, SL's appeal against the Alicante Commercial Court Number 2 judgment in which it had been sentenced for infringing various perfume trademarks owned by Hugo Boss, Gucci and Lacoste in the context of its smell-alike business. Equivalenza had used the trademarks both in comparison lists and orally in commercial speech.

Battle of the bottles: EU Trademark Court of Appeal finds infringement of well-known Malibu bottle
Grau & Angulo
  • European Union
  • 22 April 2019

In December 2018 the EU Trademark Court of Appeal declared that the Ibiza Beach drink marketed by Productos Ibicencos, SL and Aromáticas de Ibiza, SL – whose bottle was highly similar to the well-known Malibu bottle – infringed The Absolut Company AB's (TAC's) 3D and graphic trademarks which protect the shape of such bottle. Among other things, the court held that the defendants had taken unfair advantage of TAC's trademarks, as their product was very similar in appearance.

Federated European Patent Register – an overview
Deriş Patents and Trademarks Agency
  • European Union
  • 04 March 2019

The Federated European Patent Register provides information regarding the legal status of EU patents. Among other things, the register provides a direct link to national patent registers, which makes it easier to obtain up-to-date information on the status of patents. Although there is room for further improvement, the register provides quick and easy access to the basic post-grant legal status of EU patents.

Preliminary injunctions granted against Blablatel Mobile for parallel imports
Grau & Angulo
  • European Union
  • 24 December 2018

In October 2018 the EU Trademark Court Number 1 of Alicante granted the interim injunction application filed by Xiaomi Inc against Blablatel Mobile SL for trademark infringement due to the parallel import of technological products from outside the European Economic Area. This decision is notable, as it confirms that importing goods that were originally intended to be marketed outside the European Economic Area without the trademark owner's consent constitutes trademark infringement.

Claims, infringement and the doctrine of equivalents – a case law perspective
IP Law Galli
  • European Union
  • 08 October 2018

The doctrine of equivalents, which forms the basis of the patent system and is codified in the original version of the Protocol on the Interpretation of Article 69 of the European Patent Convention, is fundamental for achieving a balance between the rights of patent owners and those of the market. In order to strike a balance between these different interests, equivalence must be determined based on what a patent owner has chosen to protect.

Is figurative mark containing word 'Mafia' contrary to public policy?
IP Law Galli
  • European Union
  • 30 April 2018

The European Union Intellectual Property Office General Court recently dismissed an appeal against the revocation of the EU figurative trademark LA MAFIA SE SIENTA A LA MESA ('the Mafia takes a seat at the table'), in which 'La Mafia' was the dominant element. The trademark was deemed to be "contrary to public policy and to accepted principles of morality, since the word element 'Mafia' referred to a criminal organisation".

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