Issue 114
  June 2020
Contents:
 

MARQUES Month details confirmed

>  
 

Virtual Round Table: Brands in a Time of Crisis

>  
 

MARQUES Brands, LGBT and Gender Survey

>  
 

Warning over scam WIPO invoice

>  
 

Latest information on Brexit

>  
 

Recent CJEU and General Court decisions

>  
 

Observatory publishes anti-counterfeiting reports

>  
 

News from EUIPO

>  
 

International design developments

>  
 

Thank you for your Coffee Break submissions!

>  
 

Forthcoming events

>  
 

MARQUES Media Roundup

>  
 
Disclaimer:
The views expressed by contributors to this newsletter are their own and do not necessarily reflect the policy and/or opinions of MARQUES and/or its membership.  Information is published only as a guide and not as a comprehensive authority on any of the subjects covered.  While every effort has been made to ensure the information given is accurate and not misleading neither MARQUES nor the contributors can accept any responsibility for any loss or liability perceived to have arisen from the use or application of any such information or for errors and omissions.  Readers are strongly advised to follow up articles of interest with quoted sources and specialist advisors.
 

PO Box 10212
Leicester
LE41 9HG
United Kingdom
T: +44 116 274 7355
F: +44 116 274 7365
E: info@marques.org
MARQUES Month details confirmed

MARQUES will host a series of online educational and networking events during September 2020, which will be available to members and non-members

Read More >>
Virtual Round Table: Brands in a Time of Crisis

MARQUES held a virtual round table on 25 June looking at how brands respond to crises/social actions such as the COVID-19 pandemic and the Black Lives Matter movement

Read More >>
MARQUES Brands, LGBT and Gender Survey   Warning over scam WIPO invoice

The MARQUES IP Emerging Issues Team invite you to undertake a short survey entitled 'Brands, LGBT and Gender'

 

A particularly egregious example of a scam invoice has been received by a MARQUES member

Read More >>   Read More >>
Latest information on Brexit

Roland Mallinson of the MARQUES Brexit Task Force provides an update on the latest developments

Read More >>
Recent CJEU and General Court decisions

There have been a lot of judgments concerning trade marks, copyright and designs this month


Here are some of the most interesting:

Brompton Bicycle: The CJEU ruled that copyright protection “applies to a product whose shape is, at least in part, necessary to obtain a technical result, where that product is an original work resulting from intellectual creation, in that, through that shape, its author expresses his creative ability in an original manner by making free and creative choices in such a way that that shape reflects his personality, which it is for the national court to verify, bearing in mind all the relevant aspects of the dispute in the main proceedings”. The questions arose in a copyright infringement case concerning the folding Brompton bicycle in Belgium (Case C-833/18).

CCB: The CJEU set aside the lower decisions in a dispute concerning likelihood of confusion between trade marks for CCB and CB, saying: “the judgment under appeal is devoid of an assessment of the reputation and distinctive character of the earlier mark duly carried out on the basis of the services designated by that mark in relation to ‘financial affairs’, ‘monetary affairs’ and ‘banking’, that broader spectrum of services designated by that mark nonetheless being … that on the basis of which it was appropriate to assess whether there is a risk that the public might erroneously believe that the services offered by CCB under the mark applied for come from the Groupement des cartes bancaires or an undertaking connected therewith” (Case C-115/19 P).

PLOMBIR: The CJEU upheld the General Court’s finding that the word mark PLOMBIR is descriptive for Russian speakers in Germany and the Baltic States as it is a transliteration of the Russian term for “ice cream” (Case C-142/19 P).

PRIMART: The CJEU set aside the General Court’s judgment in a case concerning likelihood of confusion between the figurative sign PRIMART and a Spanish trade mark for PRIMA. The lower court had upheld the opposition but the CJEU said: “the General Court made an error of law in … the judgment under appeal by declaring the appellant’s argument concerning the allegedly weak distinctive character of the earlier mark inadmissible on the ground that that argument had been put forward before it for the first time” (Case C-702/18 P).

WALLAPOP: Advocate General Hogan gave his Opinion in a case between the two signs shown here which raises the question: are online trading services relating to the operation of an online marketplace different or similar to retailing  services? The Advocate General endorsed the finding of the General Court that “online services” etc and “retailing of sporting articles” in class 35 were at the very least similar to a low degree (Case C-763/18 P).

LVM: The EU General Court overturned a Board of Appeal decision to invalidate the figurative mark pictured, which was registered for goods in class 8, saying: “by choosing to examine only a small part of the evidence submitted by the applicant and to disregard the other numerous pieces of evidence, without providing any explanation for that choice, the Board of Appeal erred in law by making a partial assessment of the evidence … some of the evidence in the exhibits which the Board of Appeal did not take into account in the contested decision was potentially relevant for the purposes of assessing whether the mark at issue had acquired distinctive character through use”. The judgment clarifies the requirements for proving acquired distinctiveness following the Nestlé v Mondelez decision (Case T-105/19).

Air conditioning couplings: The EU General Court set aside a Board of Appeal decision concerning the validity of a registered Community design for a coupling for connecting refrigeration or air conditioning equipment to a motor vehicle (Case T-100/19, not yet in English).

Observatory publishes anti-counterfeiting reports

The Observatory of the European Union has published two reports as part of a pan-European media campaign to fight counterfeiting and piracy

Read More >>
News from EUIPO   International design developments

The latest information from EUIPO includes the recent User Group meeting, draft Guidelines (2020 edition), Board of Appeal hearings and cooperation with EURid

 

Mexico has joined the Hague System, and Israel has joined the WIPO DAS for designs

Read More >>   Read More >>
Thank you for your Coffee Break submissions!

MARQUES wants to thank all the members who sent in news, tips and photos for the MARQUES Virtual Coffee Break initiative during the past three months

Read More >>
Forthcoming events   MARQUES Media Roundup

The Second Session of WIPO’s Conversation on IP and AI will take place as a virtual meeting from 7 to 9 July

 

Keep up to date with the latest trade mark and design news, book reviews, event coverage and MARQUES announcements on the Class 46 and Class 99 blogs

Read More >>   Read More >>

Unsubscribe:
You can unsubscribe from this emailing list or change the frequency and type of information you receive from MARQUES at anytime by logging into the MARQUES website and clicking on the Preferences tab in the My Profile section of the My Account page.  Alternatively you can reply to this email with the subject 'NewsChannel - Unsubscribe' to be removed from this mailing list.