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Results: 1-10 of 18

Layouts of retail stores as trade marks: CJEU rules in Apple Inc v Deutsches Patent-und Markenamt

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • July 14 2014

On 10 July 2014, the Court of Justice of the European Union ("CJEU") handed down its judgment in the dispute between Apple Inc v Deutsches Patent-

Cadbury lose trade mark for the colour purple in the Court of Appeal but Mattel's Scrabble tile mark is still invalid

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • October 7 2013

On 4 October 2013, the Court of Appeal handed down judgments in the cases of Societé des Produits Nestlé SA v. Cadbury UK Limited

Consumer goods update October 2012

  • Herbert Smith Freehills LLP
  • -
  • European Union, Indonesia, Myanmar, United Kingdom
  • -
  • October 9 2012

Welcome to our consumer goods sector update a publication which highlights some key recent legal issues affecting consumer goods businesses

Opinion of Advocate General on genuine use of Community trade mark

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • July 9 2012

On 5 July 2012, the Advocate General before the Court of Justice of the European Union ("CJEU") handed down her opinion in the case of Leno Merken BV (Applicant) v Hagelkruis Beheer BV (Defendant) C 14911

General counsel update: 31 May 2012

  • Herbert Smith Freehills LLP
  • -
  • Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
  • -
  • May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

Keywords: either court of State of trade mark registration or that of advertiser's domicile can have jurisdiction says CJEU

  • Herbert Smith Freehills LLP
  • -
  • Austria, European Union
  • -
  • April 24 2012

The Court of Justice of the European Union has ruled on the appropriate jurisdiction for proceedings brought by a trade mark owner for alleged trade mark infringement arising from the reservation of keywords by a competitor on an internet search engine

General Court confirms that the use of the word "BEATLE" in relation to electric mobility aids would take unfair advantage of the repute of the existing marks "BEATLES" and "THE BEATLES"

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • April 5 2012

The General Court has upheld the decision of the Board of Appeal of OHIM which held that the application for a Community trade mark for, and the use of the word "BEATLE" in relation to electric mobility aids would take unfair advantage of the repute and the consistent selling power of the trade marks "BEATLES" and "THE BEATLES" owned by Apple Corps

Consumer goods: update

  • Herbert Smith Freehills LLP
  • -
  • China, European Union, Indonesia, Netherlands, United Kingdom
  • -
  • February 29 2012

The Ministry of Commerce People’s Republic of China’s (“MOFCOM”) prohibition of CocaCola’s proposed acquisition of Huiyuan in 2009 generated significant controversy and prompted a fear that the Anti-Monopoly Law could be used to prevent foreign-multinational companies from acquiring well-known Chinese brands and businesses

CJEU brings Red Bull back down to earth

  • Herbert Smith Freehills LLP
  • -
  • European Union
  • -
  • January 10 2012

In a decision that is sure to please supply chain partners (SCP) and dismay trade mark owners, the Court of Justice of the European Union (CJEU) has held that an SCP who, under an order from a third party, merely executes a technical part of the production process, without having any interest in the external presentation or branding of the product, does not itself make "use" of the sign as prohibited under Article 5 of the Trade Marks Directive (Frisdranken Industrie Winters BV v Red Bull GmbH C 11910

L'Oréal v eBay clarification of online marketplace operators' liability for its users' trade mark infringement

  • Herbert Smith Freehills LLP
  • -
  • European Union, Japan, United Kingdom
  • -
  • September 29 2011

On 12 July 2011, the Court of Justice of the European Union ("ECJ") handed down its highly anticipated decision in L'Oréal SA v eBay International AG