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DeutschLimitation of the effect of a trademark: descriptive use of the trade mark. Zara v. Boungiorno
BACKGROUND TO THE DISPUTE Boungiorno Myalert S.A. (hereinafter Boungiorno) is a…
Weak trademarks and likelihood of confusion. Red Car Oil Gasolineras Lowcost" and "Red Ahorro 24 h" case.
BACKGROUND TO THE DISPUTE RED CAR OIL S.L. is a company engaged in the retail…
“Bachirulo" case. A change of product does not necessarily bring unique character to a design.
BACKGROUND TO THE DISPUTE ARTURO is the holder of registered industrial designs…
Common law action for passing off. Risk of misrepresentation and risk of dilution of the earlier trade mark. Abresham Super Basmati Selaa Grade One World's Best Rice v. Basmati
BACKGROUND TO THE DISPUTE On 14 June 2017, Mr Hamid Ahmad Chakari, filed an…
Calculation of the prescription period for industrial property claims against continuous infringement acts. - NADORCOTT mandarin tree case
BACKGROUND TO THE DISPUTE Following an application lodged by Nadorcott…
A word sign must be refused registration if at least one of its potential meanings designates a characteristic of the goods or services concerned. “Made of Wood" case
BACKGROUND TO THE DISPUTE On 6 May 2019, the applicant, Mr Beelow, applied to…
The reputation enjoyed by the 'Estrella Galicia' trademark in the beer sector cannot be extended to oils and fats for food use. Estrella Galicia v. Estrella Andaluza
BACKGROUND TO THE DISPUTE The entity "Hijos de Rivera, S.A." lodged an…
The General Court finds that there is a likelihood of confusion. FRESHLY COSMETICS IDENTY v. IDENTITY
BACKGROUND TO THE DISPUTE On 6 June 2018, the appellant, Freshly Cosmetics, S.…
The overall impression produced by the contested design is different from those produced by the earlier marks. TOUS vs. The Bear-shaped lamp ZHEJIANG CHINA
BACKGROUND TO THE DISPUTE Zhejiang China-Best Import & Export Co. Ltd, is…
In assessing the similarity of the goods or services, all the relevant factors relating to those goods or services should be taken into account. Sfera / Sfera Kids v. Sfora Wear
BACKGROUND TO THE DISPUTE On 21 September 2016, the other party to the…