Organisation: European Economic Area

Victory for mark owners as CJEU rules that they can prevent de-branding of imported goods

In Mitsubishi Shoji Kaisha Ltd v Duma Forklifts NV, the Court of Justice of the European Union has considered the issue of de-branding and re-branding of goods imported into the European Union.

10 September 2018

Trademark policing in a GDPR world: the current state of play with WHOIS

​​​​​​​After months of preparation, the EU's GDPR became enforceable last Friday. On that same day, ICANN’s Temporary Specification for gTLD Registration Data became effective. We look at what this all means for online policing, and the fears of those on the ground.

29 May 2018

ECJ issues preliminary ruling on relabelling and exhaustion of trademark rights

The Court of Justice of the European Union has issued a preliminary ruling on the interpretation of Article 13(2) of Regulation 207/2009. The case involved parallel-imported medical devices that were marketed in Germany after being relabelled.

29 May 2018

No trademark use? Shipment of Apple iPhone screens with obscured logos found not infringing

A Norwegian court has issued a surprising decision regarding what constitutes ‘trademark use’ in a case involving a shipment of Apple iPhone screens that had their trademarks temporarily covered.

09 May 2018

ECJ interprets Article 7(1) of Directive 2008/95 in SCHWEPPES case

In <em>Schweppes SA v Red Paralela SL</em>, which concerned the exhaustion of the rights conferred by the SCHWEPPES mark, the ECJ has interpreted Article 7(1) of Directive 2008/95.<br>

29 January 2018

Blazing ahead: 25 developments set to shape the future of trademarks

As a new year begins, <em class="Alright-italic">World Trademark Review</em> looks ahead at some of the key changes and trends that could present both risks and opportunities to our industry

01 January 2018

MARQUES hits out at UK government inaction, urges EUIPO and UKIPO to begin Brexit talks

​​​​​​​MARQUES has laid out a series of recommendations for the treatment of IP rights in a post-Brexit world, and expressed frustration over the UK government’s “complete silence” on the issue.

17 November 2017

With the prospect of a ‘no deal’ Brexit, the UK government should have unilateral trademark provisions on standby

We look at why it is crucial for the United Kingdom to formulate an approach to EU trademarks in the event of a 'hard' Brexit.

12 October 2017

Proposed criteria for parallel imports of Schweppes products

Some 20 years after its landmark ruling in Ideal Standard, the European Court of Justice has been asked to revisit the complex issue of exhaustion of trademark rights in the context of the voluntary fragmentation of parallel rights which have the same origin, but have arisen in a number of different European Economic Area member states.

05 October 2017

EUIPO trends and top filers: 2016/17

Featured in Trademark register tracker

It has been quite a year for trademarks in Europe, with further turbulence ahead. As the EU Intellectual Property Office looks to the future, we asked users to assess its current performance and predict whether imminent industry developments will help or hinder it

01 September 2017

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