CLASS 46
Now in its twelfth 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.
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TUESDAY, 14 APRIL 2009
Recent trade mark publications
The April issue of 10-times a year Informa journal Trademark World has also been published (you can visit TW's home page here). There's plenty of material to interest the reader with a European trade mark interest, including an analysis of the Advocate General's Opinion in C-487/07 L'Oréal v Bellure by Sahira Khwaja (Lovells). The cover story, "Charity Cases", by Speechly Bircham's Paul Harris and Suzy Schmitz, discusses the growing trend of charities to seek trade mark protection for their emblems and the disputes which arise from this policy. From Spain, Agusti Valls and Marta Giménez-Zapiola (Grau & Angulo) review the "consumer error" theory in IP criminal proceedings.
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Recent trade mark publications
The May 2009 issue of the monthly Sweet & Maxwell series European Trade Mark Reports carries reports on cases from a variety of destinations. Cases in this issue include
* North Face Apparel Corp v Backmann, Swedish Supreme Court -- a curious case involving the unauthorised importation of goods some of which were for private use as Christmas presents, as well as liability for contributory infringement;Further details of this title can be found here. For a free specimen copy of the ETMR please email Jo Slinn here.
* Yell Ltd's Application; opposition of Truvo Belgium, Patents Office, Ireland -- does the Controller have discretion to allow an amendment which affects a period of time specified in the governing national legislation?;
* Drillisch Alphatel trade mark application; opposition of Alcatel, Bundespatentgericht, Germany -- an exercise in the comparison of a simple mark with a compound one.
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