Court: Court of Justice of the European Union

General Court: no likelihood of confusion between identical marks due to dissimilarity of goods and services

The Class 41 services covered by Coinbase Global OÜ’s COINBASE mark, including news reporting, were not similar to the digital and financial services provided under Coinbase’s earlier marks. 

26 April 2024

General Court: Board of Appeal decision breached opponent’s right to be heard 

The EUIPO must provide parties with the opportunity to express their point of view on all matters forming the basis of the decisions of its departments. 

25 April 2024

Legal Updates you may have missed: when the General Court disagrees with the EUIPO 

To complete our series of pieces highlighting recent Legal Updates that you may have missed, we consider cases where the EU General Court disagreed with the findings of the EUIPO. 

22 April 2024

General Court: Board of Appeal correctly limited its likelihood of confusion assessment to part of the relevant public 

The decision reiterates that it is not a requirement of Article 8(1)(b) that, for a mark to be refused registration, the likelihood of confusion must exist in all the member states and language areas of the European Union. 

22 April 2024

General Court provides detailed assessment of bad faith in invalidity proceedings

To reach its decision, the court reviewed, among other things, the business relationship between the parties and how the figurative element that is common to the parties’ marks was created.

19 April 2024

Legal Updates you may have missed: fashion and luxury fails 

We continue our series highlighting recent Legal Updates that you may have missed by looking at cases where trademark owners in the fashion and luxury industry have failed to defend their rights. 

18 April 2024

Legal Updates you may have missed: fashion and luxury successes

We continue our series highlighting recent Legal Updates you may have missed by looking at success stories in the fashion and luxury industry – providing insights into parody products and the fight against the sale of counterfeit goods on e-commerce platforms, among other things. 

16 April 2024

EU trademarks and reputation attaching to formerly well-known marks - how far does protection extend?

The General Court confirmed that new items of evidence did not demonstrate the reputation of the NEHERA mark or of Jan Nehera’s name at the date of application of the contested marks seven decades later.

11 April 2024

CFA v CEFA: General Court considers similarity of acronyms 

The court found that the average consumer would refer to the mark CEFA CERTIFIED EUROPEAN FINANCIAL ANALYST solely by means of the acronym ‘CEFA’.

08 April 2024

General Court: Veuve Clicquot's iconic orange shade has not acquired distinctive character through use

The bar to establish distinctive character acquired through use in the European Union is so high that even the owner of a well-known mark will struggle to provide evidence covering the entire territory.

25 March 2024

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