AG Opinion in EUTM KitKat case published
Advocate General Wathelet last week gave his Opinion in Joined Cases C‑84/17 P, C‑85/17 P and C‑95/17 P. This is the dispute between Société des produits Nestlé SA and Mondelez UK Holdings & Services Ltd concerning Nestlé’s application to register a three-dimensional mark for its KitKat four fingers product in 2006. Mondelez opposed the application in 2007…
Read more on Class 46: https://www.marques.org/class46/Default.asp?XID=BHA4629
Facelift doesn't necessarily create individual character
We like to refresh things. Designers and producers like to refresh classic products hoping to receive "new old" designs, although it doesn't mean that such facelift helps in crossing the red line between creating on an informed user an impression of a different individual character of a product and lack of such impression. This problem is particularly vital in automotive industry.
Read more on Class 99: https://www.marques.org/class99/Default.asp?XID=BHA842
Mexico’s opposition system two years on
Almost two years after its creation, the trade mark opposition procedure in Mexico has not had the expected success, and the procedure itself holds significant risk of unpleasant surprises for the brand owners…
Read more on Class 46: https://www.marques.org/class46/Default.asp?XID=BHA4626
Finnish Market Court judgment in Volkswagen AG v Vannetukku.fi Oy
The Market Court of Finland (MAO) handed down its judgment on 9 March 2018 regarding design infringement of wheel rims in Volkswagen AG v Vannetukku.fi Oy (MAO:141/18).
The German automotive manufacturing company Volkswagen AG (Volkswagen or VW) had filed a design infringement claim with the Market Court against a Finnish tyre and wheel rim seller vannetukku.fi Oy (Vannetukku). The case concerned the illustrated wheel rims…
Read more: https://www.marques.org/class99/Default.asp?XID=BHA840
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