Organisation: CJEU

Import of three counterfeit Hermès sweaters for private use does not constitute trademark infringement

The judgment clarifies when the import of counterfeit products into Norway will constitute trademark infringement, and who bears the burden of proving the purpose of the purchase.

26 February 2024

CJEU: no ‘repair’ clause in EU trademark law

The so-called ‘repair’ clause, such as that existing in design law under Regulation 6/2002, was not provided for by the EU legislature in Regulation 2017/1001.

09 February 2024

CJEU considers burden of proving exhaustion of rights conferred by EUTMs

The CJEU confirmed that, when a party invokes the exhaustion of trademark rights, the burden of proof may not necessarily be borne exclusively by the defendant.

31 January 2024

ZARA gift cards: CJEU clarifies scope of ‘referential’ use of third-party trademarks

The CJEU has clarified the scope of Article 6(1)(c) of Directive 2008/95 in light of the change in wording introduced by Directive 2015/2436.

29 January 2024

Court of Appeal clarifies when acquiescence clock starts ticking

This is the first time that the Court of Appeal has departed from EU law.

19 January 2024

Italian Supreme Court and EU General Court rule on protection of Vespa shape

On the same day, the Italian Supreme Court and the EU General Court ruled on the protection as a trademark of the shape of the world-famous Vespa scooter - reaching opposite conclusions.

17 January 2024

How famous must one be? The difference between Lionel Messi, Miley Cyrus and Lewis Hamilton

While 6,000 pages of evidence were submitted to demonstrate Lewis Hamilton’s fame, the EUIPO was not convinced that he was recognised as a famous sportsman in the Baltic States, Croatia and Bulgaria.

16 January 2024

CROSSFIT v CROSSWOD: General Court skips over assessment of CROSSFIT’s acquired enhanced distinctiveness

In an arguably questionable decision, the General Court excused itself from analysing whether CROSSFIT had acquired enhanced distinctiveness through use.

04 January 2024

Trademark highlights from EU courts – 2023 and cases to watch in 2024

We highlight five of the most prominent EU trademark decisions of the past 12 months, before looking ahead to a number of interesting pending cases.

28 December 2023

The UK’s biggest trademark cases of the year

We run through the most influential UK trademark decisions of the year – with one lined up for 2024 that is sure to keep the industry talking.

22 December 2023

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