Court: Court of Justice of the European Union

CJEU issues important decision on design priority claims

The CJEU considered whether a registered Community design application could validly claim priority from an earlier international application filed under the PCT, and within what period.

21 March 2024

Puma’s registered Community design invalidated due to prior social media disclosure by Rihanna

The case demonstrates that screenshots from Instagram posts or the Wayback Machine are sufficient to demonstrate the disclosure of a contested Community design.

19 March 2024

General Court provides guidance on what constitutes proof of reputation of earlier mark

The court clarified that presence on the Internet, through a website or on social media, may prove that a mark has acquired some reputation – but this must be supported by independent data and information.

18 March 2024

PUMA v BERTRAND PUMA: marks with a “very high reputation” and the mental link required under Article 8(5)

The link which may be established in the minds of the relevant public with a mark that has an exceptional reputation cannot be presumed.

14 March 2024

General Court: ‘BI’ element retained independent distinctive role in conflicting marks

The case shows the importance of determining the distinctive or dominant elements of the marks in opposition proceedings, even if the degree of similarity is fairly low.

07 March 2024

Good news for L’Oréal as General Court upholds opposition against LA CRÈME LIBRE

The decision puts into context the percentage of participants in a consumer survey that is required to establish a likelihood of confusion.

05 March 2024

HEPSIBURADA v HEPSIBURADA: General Court decision provides guidance on demonstrating bad faith

The court’s thorough review of the trademark applicant’s knowledge and intent provides a useful roadmap for demonstrating bad faith before the EU authorities.

04 March 2024

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

Social media: simple communication or real evidence of use?

The presence of an earlier mark on social media is capable of constituting a relevant factor in the assessment of genuine use.

23 February 2024

Polaroid figurative mark: when are geometric figures distinctive?

The decision represents another contribution to the case law regarding the threshold of distinctive character for figurative trademarks.

21 February 2024