Contrary to what is generally assumed, copyright does not only apply to books, films, paintings and design objects. Everyday utensils (works of applied art) can also be protected by copyright.
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At the beginning of this year, in the DOC/Dairy Partners judgment, the Supreme Court finally provided clarity with regard to the descriptive trade name: in such a case, additional circumstances are required for an injunction.
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The sun was shining this summer, but not everywhere for the Korean company Hanwha. First some background information: any holder of a European patent must choose in advance in which countries he wants to enforce the patent.
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This comes as no surprise: the figurative mark e*message is not a valid mark for electronic messages. It is entirely descriptive of the service. Apple successfully brought an invalidity action against this EU figurative mark registered in 2000.
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easyCosmetic sells original A-brand cosmetic products whose trademark rights have been exhausted: they were put on the market in the European Economic Area (EEA) by or with the consent of the trademark holder.
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When can you, as a client, (whether or not together with your supplier) be considered a copyright holder? This question, among others, was the subject of discussion in a spicy case about the copyright on SM whips.
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Sisvel is conducting numerous proceedings on patents of which it owns or manages the licensing portfolio. Some people call it Europe's biggest "patent troll." A what? Yes it is a peculiar word, wikipedia explains where it comes from.
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When is a trademark owner in bad faith when filing his trademark repeatedly? The General Court ruled on this issue in the case of Hasbro v. EUIPO. Hasbro had the trademark Monopoly registered several times. In 2019, EUIPO declared the mark partially invalid (for part of the goods and services), alleging that Hasbro had acted in bad faith when applying to register the mark. Hasbro appealed this decision, but the Board of Appeal and recently the General Court rejected it.
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There is a rule in trademark law that descriptive indications may not be monopolized as trademarks. These designations must be kept free for everyone. For example, the word "Apple" cannot be a trademark for apples. Nor can Apple sue supermarkets and greengrocers for their use of the descriptive designation apple.
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Our partner Moïra Truijens has recently been appointed as .NL Domain Name Panelist at the WIPO (World Intellectual Property Organization) in Geneva.
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