Court: Court of Justice of the European Union

Blow for Puma as General Court finds that complete shoe could be taken into account despite dotted lines in earlier designs

The court notably dismissed Puma’s argument that the comparison between the earlier designs and the contested designs should be made based on the soles of the shoes. 

23 May 2024

Sta Grupa v EUIPO: a genuinely useful decision

The decision provides valuable guidance as to what constitutes evidence of genuine use in revocation actions before the EUIPO.

22 May 2024

VERLA v PHERLA: difference at the beginning offset by similar endings

The difference at the beginning of the marks was not sufficient to outweigh the visual similarity produced by the common group of letters ‘erla’ and would not preclude the relevant public from perceiving that common sequence. 

16 May 2024

Likelihood of confusion between marks consisting of elderly men’s portraits: Board of Appeal decision highlights inadequacy of criteria used by EUIPO

The Board of Appeal confirmed that there was no likelihood of confusion between two marks consisting of the photographic portrait of an elderly man in traditional farming attire, both covering wine. 

15 May 2024

COMPTON… straight outta where? Fashion styles and the importance of gangsta rap for hip hop culture

The decision gives guidance on how to form sub-categories that can invalidate the broader category of goods/services.

10 May 2024

General Court: JOYFUL BY NATURE would take unfair advantage of JOY's reputation

The fact that an opponent did not establish the market share held by the earlier mark does not necessarily mean that the reputation of that mark has not been demonstrated. 

09 May 2024

Probative value of evidence of use: General Court makes detailed analysis in LABCORE case

Affidavits originating from a person with close links to the party concerned are of less probative value than third-party affidavits and must thus be supplemented by further objective evidence. 

07 May 2024

General Court finds that Board of Appeal infringed right to be heard in opposition proceedings

The decision is a rare example of the General Court overruling the Board of Appeal both on procedural and substantive grounds.

02 May 2024

General Court: Board of Appeal erred in finding that handle design lacked individual character

The court notably held that a more rounded shape generally results in a softening of the lines of the neck and grip, which has a significant effect on the overall appearance and ease of use of the handle.

01 May 2024

General Court confirms that PABLO ESCOBAR is contrary to public policy and accepted principles of morality

The mark PABLO ESCOBAR contradicts, for a non-negligible part of the general public exposed to it, the indivisible and universal values on which the European Union is founded.

29 April 2024

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