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Crocked!

Mills & Reeve LLP
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European Union
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August 12 2010

The decision of the OHIM Board of Appeal in Crocs, Inc v Holey Soles Holdings Ltd, Case R 92008-3, emphasises that the successful launch of a design outside the EU (particularly in a country such as the USA) can invalidate any subsequent Community design

Trade marks as a basis for invalidation of registered designs

Mills & Reeve LLP
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European Union
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August 12 2010

The EU General Court has, in Beifa Group v OHIM, Case T-14808, clarified the grounds on which a Community registered design could be invalidated on the basis of an earlier registered trade mark

Community design right held invalid by EU general court

Mills & Reeve LLP
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European Union
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August 12 2010

In Grupo Promer Mon Graphic SA v OHIM (Case T-907), the EU General Court found PepsiCo Inc's Community registered design for "promotional items for games" invalid and provided useful guidance in determining whether a design is "in conflict" with a prior design

ECJ provides further guidance on the use of internet key words

Mills & Reeve LLP
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European Union
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August 12 2010

Following on the Louis Vuitton case, in Portakabin Ltd and another v Primakabin BV, (Case C-55808), the ECJ has provided further useful guidance relating to the use of competitor's keywords, in a judgment which further emphasises the need for internet advertisers who use competitors' trade marks as keywords, to make it clear that the advertised goods or services are not associated with the competitor

ECJ’s AdWords decision upholds Google’s integrity but does it raise questions over its business model? Users of Google’s service will have to tread carefully

Mills & Reeve LLP
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European Union
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August 12 2010

Trade mark owners are increasingly facing the unauthorised registration and use of their trade marks as keywords on internet search engines, the effect of which is that searches against their trade marks bring up their competitors' websites as sponsored advertisements

Single letter trade marks may be registrable

Mills & Reeve LLP
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European Union
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August 12 2010

A trade mark consisting of a single letter is registrable provided that it has distinctive character in relation to the goods for which it is applied

A failure to toe the line?

Mills & Reeve LLP
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European Union
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August 12 2010

Trade marks constituted by the shape or an integral part of the relevant product will not be registrable unless they depart significantly from the norm or customs of the relevant sector

Testers are not exhausting

Mills & Reeve LLP
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European Union
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August 12 2010

Manufacturers can prevent the onward unauthorised sale of demonstration samples bearing their trade marks, provided that certain conditions are met

A smelly affair!

Mills & Reeve LLP
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European Union, United Kingdom
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August 12 2010

The very different approaches of the English courts and the European Court of Justice to trade mark enforcement were emphasised in the Court of Appeal judgment in L'Oréal SA v Bellure NV (2010), in which Lord Justice Jacob accused the ECJ of muzzling freedom of speech by preventing traders from making honest statements about lawful products