Industry: Agribusiness & food

Partial use of trademark in revocation proceedings once again under General Court’s scrutiny

The case shows the need for a thorough examination of the demonstrated use, taking into consideration both the actual goods/services and the perspective of consumers.

29 February 2024

EUIPO Board of Appeal confirms existence of link between cigarettes and chocolate

Use of the figurative mark REGINA for cigarettes would be detrimental to the repute of the earlier mark REGINA for Class 30 goods.

27 February 2024

OLYMPUS: a mountain, the residence of the gods and a distinctive trademark?

While a significant part of the relevant public would understand ‘Olympus’ as referring to Mount Olympus in Greece, that term had no meaning in relation to the goods in question and was thus distinctive. 

22 February 2024

Court of Appeal issues decision in NotMilk dispute

The Valdivia Court of Appeal held that NotCo’s packaging and advertising for its NotMilk product did not constitute unfair competition.

19 February 2024

Scotch Whisky GI infringement case clarifies independent rights of registered owners following Madhya Pradesh High Court ruling

The Scotch Whisky Association has filed an infringement suit that sheds light on the interaction between registered owners and authorised users of geographical indications when it comes to the right to sue in India.

15 February 2024

What have we learned from India's biggest cases of 2023?

Local lawyers examine India's 10 most notable trademark cases from the past year.

18 January 2024

General Court confirms lack of likelihood of confusion between SNACK marks

The court notably found that the only visual similarity between the signs at issue was the presence of the non-distinctive element ‘snack’.

17 January 2024

Protected food names are in demand: what do producers need to know?

Clear guidance on the value of protected food and drink name status is vital to ensure businesses have the right amount of protection and are prepared to use it when needed, argues this week’s Saturday opinion.

13 January 2024

Legal Updates you may have missed: food and beverage success stories

We continue our series highlighting recent Legal Updates that you may have missed by looking at success stories in the food and beverage sector - with three of the four cases reviewed involving GIs for alcoholic beverages.

10 January 2024

Delhi High Court: no defence under Section 30(2)(e) if defendant’s registration does not cover goods for which mark is used

The defence under Section 30(2)(e) can be invoked only when the defendant uses its mark for the goods for which it is registered.

05 January 2024

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