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WEDNESDAY, 21 OCTOBER 2009
Latest Alicante News focuses on Italy
The latest issue of Alicante News, the European Trade Marks & Designs Newsletter, has now been released. You can check it out here. Handsomely produced by the Office for Harmonisation in the Internal Market (OHIM), it contains a review of Community trade marks and Italy, as well as leading with a discussion, supported by data, of how importantly Europeans regard design protection.
Posted by: Jeremy Phillips @ 23.35
Tags: Alicante News, |
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WEDNESDAY, 21 OCTOBER 2009
Questions on acquiescence for ECJ
In Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc [2009] EWCA Civ 1022 the Court of Appeal (England and Wales) yesterday referred three questions to the Court of Justice of the European Communities for a preliminary ruling. They are:
"In Council Directive 89/104/EEC:
1. What is meant by "acquiesced" in Article 9(1) and in particular:
(a) can the proprietor of a trade mark be held to have acquiesced in a long and well-established honest use of an identical mark by another when he has long known of that use but has been unable to prevent it B
(b) is it necessary that the proprietor of a trade mark should have his trade mark registered before he can begin to "acquiesce" in the use by another of (i) an identical or (ii) a confusingly similar mark B
2. When does the period of "five successive years" commence and in particular, can it commence (and if so can it expire) before the proprietor of the earlier trade mark obtains actual registration of his mark; and if so what conditions are necessary to set time running ?
3. Does Art 4(1)(a) apply so as to enable the proprietor of an earlier mark to prevail even where there has been a long period of honest concurrent use of two identical trade marks for identical goods so that the guarantee of origin of the earlier mark does not mean the mark signifies the goods of the proprietor of the earlier and none other but instead signifies his goods or the goods of the other user B".
Further comments on this decision can be found here.
Posted by: Jeremy Phillips @ 22.04
Tags: ECJ reference, |
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WEDNESDAY, 21 OCTOBER 2009
Ravioli and beans get GI status
 Commission Regulation 964/2009 of 15 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Raviole du Dauphiné confers PGI status on the French pasta Raviole du Dauphiné. According to the Regulation:
The origins of raviole reach back into antiquity, when it was even made with turnip. Over the centuries the ingredients evolved in line with the raw ingredients available in the Dauphiné region, culminating in the recipe that is used today, namely: soft wheat flour pasta stuffed with Comté PDO and/or Emmental français Est central PGI, fresh fromage blanc and parsley. Since it does not contain any meat, raviole was primarily eaten on fast-days. It then became a dish served at parties. It became more widespread at the beginning of the 20th century, when ‘ravioleuses’ — women who make the product — would travel from farm to farm to make some the night before a party.
 Commission Regulation 965/2009 of 15 October 2009 entering a name in the register of protected designations of origin and protected geographical indications (Faba de Lourenzá) does the same for the Spanish bean, Faba de Lourenzá.
According to the Regulation, the ‘Faba Galaica’ has qualities that distinguish it from other beans and make it highly sought after by
consumers. It has outstanding culinary qualities, with a low percentage of skin (8-10 %) and high
water absorption capacity (over 100 %). When cooked, the beans remain whole — they do not split or
disintegrate. The texture is smooth and creamy and the skin is so fine that it can barely be distinguished
from the rest of the bean.
Posted by: Jeremy Phillips @ 06.03
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TUESDAY, 20 OCTOBER 2009
Finland: Lappish Beer Migrating South
On October 16, 2009, the Finnish daily newspaper, Helsingin Sanomat, reported that the closing down of a certain beer factory in Tornio, Lapland has initiated political debate in the Finnish parliament concerning brands and geographical indications.
The factory in question is now owned by Heineken and has produced beer under the mark LAPIN KULTA (“Gold of Lapland”) since 1873, but in the year 2010 the entire production line will be relocated to Lahti, a bigger city in the southern Finland.
One member of the parliament, Mr. Esko Juhani Tennilä, called this action “brand plunder”. He stated that the trade mark LAPIN KULTA, as well as its image and whole history, are closely connected to Lapland and its nature. Accordingly, Mr. Tennilä asked the Finnish government to take action. While the Minister of Economic Affairs, Mr. Mauri Pekkarinen, promised to look into every possible option available, he remained skeptical whether any remedies would be available under existing legislation.
Posted by: Mikael Kolehmainen @ 13.12
Tags: Finland, trade marks, geographical indications, |
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TUESDAY, 20 OCTOBER 2009
Spain – “I’m original. I do not buy fakes”.
Under this slogan, the Spanish Patents and Trademarks Office (SPTO) is engaged in a media campaign aiming to raise public awareness against IP piracy.
The campaign (funded by the SPTO and ANDEMA - Spanish association for trademark awareness) stresses the negative consequences of the trade of fake products, that often remain invisible to the general public. It refers to health risks, consumer rights, tax fraud, illegal exploitation of workers and minors, funding of illegal activities or criminal implications. Specific targets of the campaign are “teenagers, housewives, university students and consumers in general”.
Here is a quite nice leaflet (in Spanish) for those wishing to know more.
Posted by: Ignacio Marques @ 11.27
Tags: Spain, anticounterfeiting., |
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TUESDAY, 20 OCTOBER 2009
Jack Wolfskin gets some heat in Germany
 Jack Wolfskin is getting some flak in Germany for aggressively enforcing its trade mark rights in the "paw" sign. It sends cease and desist letters to peple offering handicrafts with paw designs - designs that arguably do not lead to confusion with the well-known Jack Wolfskin sign (see left for an actual example).
Under German law, infringers have to pay the trade mark owners attorney's cost for the cease and desist letter, even when they immediately comply with the request. Jack Wolfskin asks for about EUR 1,000 per letter. Unsurprisingly, many people find this outrageous, because not even in Germany you make a lot of money by offering handicrafts for sale.
Jack Wolfskin argues that the designs are a clear violation of its trade mark rights, and that it only goes after designs that are offered commercially.
Spiegel online article here.
Posted by: Mark Schweizer @ 09.49
Tags: germany, |
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MONDAY, 19 OCTOBER 2009
Cologne Court upholds preliminary action lodged by the Consorzio del Formaggio Parmigiano Reggiano and grants seizure of Argentinian ‘ parmesano’ and ‘reggianito’ cheese at the international Anuga food and beverage trade fair.
Last week, on 14 October 2009, the Consorzio del Formaggio Parmigiano Reggiano obtained a preliminary injunction inaudita altera parte from the Court of Cologne preventing an Argentinean producer of hard cheeses from marketing cheeses under the names ‘parmesano’ and ‘Reggianito’ at the famous Cologne trade show for the trade and food service market.
The Court agreed with the Consorzio that use of the name ‘Parmesano’ or ‘Reggianito’ constituted violation of Article 13 PDO/PGI Regulation (EC) No 510/06 by evocating the Protected Designation of Origin Parmigiano Reggiano and granted the immediate seizure of the Argentinian cheeses.
A press release of the Ministry of Agriculture is available (in Italian) here: www.politicheagricole.it/InEvidenza/20091015_sequestro_parmesano_auga.htm.
Posted by: Daniella Ampollini @ 14.39
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