Community design and individual character
Written by Jean Philippe Bresson Friday, 02 July 2010 09:51
The General Court of the European Community (formerly First Instance European Court) has confirmed on June 22, 2010, the invalidity of Community Registered design No. 241/903-0001, shown below and intended to be applied to ‘communications equipment’
Bosch Security System BV filed a declaration of invalidity against this design for lack of novelty and of individual character in consideration with :
CHAMPAGNE AND SURNAME
Written by Magali Monin & Aurore Los Thursday, 01 July 2010 10:08
On June 2, 2010, the Paris Court of Appeal held in favour of the wine producers SERGE and RAYMOND HENRIOT who were involved in a proceeding against CHAMPAGNE HENRIOT.
Father and son were selling champagne using their surname together with their names but without any corresponding trademark. French company CHAMPAGNE HENRIOT sued them for trademark counterfeiting and harm to its repute as well as for unfair competition and parasitism.
Amazing enlargement of pharmaceuticals similarity
Written by Jean Philippe Bresson Wednesday, 30 June 2010 12:37
While holding the marks AZURIL and AZULIB to be similar, the decision of opposition of the OHIM dated June 7, 2010, shows the enlargement of the similarity (and even of the identity) of pharmaceuticals with the other products of class 5.
The OHIM said ‘fungicides’ to be identical to ‘pharmaceutical preparations’ because fungicides comprise antimycotics which have an application in the medical field and fungicidal (pharmaceutical) preparations.
The ECJ chapter in Borris BECKER’s wife (trademark) saga
Written by Jean Philippe Bresson Tuesday, 29 June 2010 09:44
Roland Garros ended 3 weeks ago but tennis is still in the air with the decision of the Court of Justice ruling on June 24, 2010, the matter involving Borris BECKER’s (ex) wife and trademark for BARBARA BECKER.
For those of you of don’t remember what the situation was … An opposition had been lodged by Harman International Industries on the basis of the marks BECKER and BECKER ONLINE against the CTM for BARBARA BECKER.
The distinctiveness of VISIOTONIC
Written by Jean Philippe Bresson Friday, 25 June 2010 08:18
Just published is a decision of the Court of Appeal of Paris dated March 19, 2010, which considered that the mark VISIOTONIC shown below was distinctive for products of classes 5 and 10 and in particular for ‘pharmaceutical, veterinary and hygienic products; dietetic substances for medical use; chirurgical apparatus and instruments; artificial members, eyes and teeth’.
For the Court, VISIOTONIC is a neologism which may be evocative of products supposed to increase the vision considering that ‘visio” refers to the vision and that ‘tonic’ refers to the tonicity. This neologism is not however necessary, generic or usual for any of the products covered under the mark.
More Articles...
Page 4 of 10
