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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 25 JULY 2008
How many shoe shops and sales make a reputation?

Spanish shoe-maker Camper SL has finally won an eight-year legal battle against local businessman Evaggelos Efst Episcopou's application to cancel the CAMBER trade mark (Council of State, Case 1555/2008, Appeal 3259/2006, April 14 2006). What is particularly interesting is that the Administrative Court of First Instance and the Administrative Court of Appeals both affirmed the initial decision that the existence of a network of 120 stores and annual sales between 75,000 and 100,000 pairs of shoes in Greece was insufficient to establish the reputation of the CAMPER trade mark at the time of Episcopou’s application. The Council of State however disagreed, adding that a likelihood of confusion between an earlier foreign mark and a national mark is sufficient to refuse the registration of, or cancel, the later mark, even if at the time of the Greek application the foreign entity’s goods were not marketed in Greece -- so long as the foreign entity’s goods were likely to become well-known in Greece [source: Eleni Lappa (Dr Helen G Papaconstantinou John V Filias & Associates, Athens), writing in World Trademark Report].

Posted by: Jeremy Phillips @ 09.49 
Tags: evidence of reputation, Greece,

 

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UKIPO: July edition of IP Insight
Nike terminates sponsorship deal with footballer Joey Barton
Poland: new TSGs
Website-blocking as a provisional measure
DPMA: trade mark statistics for 2007
"Hidden" CTM appeal goes to ECJ
UK "trade mark rows are the best in the world"?
WIPO: ‘click-through’ site "volkswagen-audi.com" registered in bad faith
Portugal: the end of DIU and other simplifications of the IP Code
Poland: fakes easy to auction
European brands reach the streets of Gotham
Marzipan among the latest European GIs
WIPO: "tmobilerebait.com" registered in bad faith
How many shoe shops and sales make a reputation?
Knut: dispute over royalties
British court interprets ECJ Vedial ruling
Phonetic identity overrules conceptual differences, rules Estonia Board
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Latest publications
'Bayerisches Bier' reference for a preliminary ruling
Latest geographical indications
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New list of "Superbrands" published
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FOOTACTION not "well known" in Ireland in absence of supporting evidence
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New TM rules for UK
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Let's Safeguard the Protocol! (II)
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Switzerland: Revision of the trade mark guidelines as of 1 July 2008
Poppies from the land of thousands of lakes
Pringles "not chips/crisps"
Steiff to re-source manufacture of its bears
German Patent and Trade Mark Office: Annual report (English version) now available
Swiss law on company names grants protection even to descriptive names
German Federal Patent Court: Annual Report for 2007
Spain – The victory of the national football team in the UEFA EURO 2008 is expected to enhance the international value of the “Made in Spain” brand.
Battle of the Strads
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France: annual report for 2007
Poland: jail time for illegal OSCYPEK
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OHIM's new website now "live"
Free from fakes fencing
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