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Results: 1-10 of 17

Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported


EU General Court confirms no proof of genuine use of earlier trade mark in CTM opposition
  • McDermott Will & Emery
  • European Union
  • December 16 2013

In Biotronik SE & Co. KG v OHIM, Case T-41611 the EU General Court upheld a decision of the Board of Appeal and rejected an opposition to a


Is a trade mark infringed by failure to identify the repackager of a parallel import?
  • McDermott Will & Emery
  • Denmark, European Union
  • November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports


EU General Court finds use of CTM by intermediary to be “outward” and genuine
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In Recaro Holding GmbH v OHIM 2013 T-52412, the EU General Court upheld a decision by the Board of Appeal of the Office of Harmonization for the


EU General Court holds OHIM erroneously re-categorised colour mark as figurative mark
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In Gamesa Eólica, SL v Office of Harmonization for the Internal Market 2013 T-24512, the EU General Court has annulled a decision by the Board of


CJEU provides guidance on revocation of common names for products
  • McDermott Will & Emery
  • European Union
  • May 8 2014

In Backaldrin Österreich The Kornspitz Company GmbH v Pfahnl Backmittel GmbH 2014 C-40912, the Court of Justice of the European Union (CJEU


Application for advertising slogan rejected as not indicating commercial origin
  • McDermott Will & Emery
  • European Union
  • May 8 2014

In Deutsche Bank AG v OHIM 2014 T-29112, the EU General Court has found that the protection of an advertising slogan as a Community trade mark


Further CJEU guidance on keyword advertising and trade mark infringement
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement


Advocate general considers jurisdiction for claims of infringement of a national trade mark online
  • McDermott Will & Emery
  • European Union
  • March 30 2012

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark


Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
  • McDermott Will & Emery
  • European Union
  • January 25 2011

Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement