A propos de Ladan DIRICKX

Posté par Ladan DIRICKX:

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Beer bottle with special glass effect

On May 10, 2006, the High Court cancelled the Fishers trademark constituted of the shape of a beer bottle. The judge refused to recognize distinctiveness to the bottle whose characteristics are its long neck and a frosty surface. It was in fact considered that those elements, taken separately or altogether, are currently used in the market…

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The « DADVSI CODE »

The “DADVSI CODE” : The mystery of the author’s right bill is to be over Since last winter, French citizens and Internet users have been held breathless by the multiple steps of the DADVSI (meant for Limitations and exceptions to Copyright and neighboring rights in the digital environment) bill project. The bill has been reviewed…

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10 YEARS OF OHIM PRACTICE…And still differences

After one decade of Community Trademark practice, we have decided to conduct a practical analysis of the main differences between the practice of national Trademark offices of the EU member states, on the one hand, and OHIM habits on the other hand. You will find our interviews with our European associates in each issue of…

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PERFIX/CERFIX

On February 1st, 2006 – PERFIX/ CERFIX The European Court of First Instance upheld an opposition based on trademark CERFIX against trademark PERFIX as reproduced here above. (Community trademark application) VS./ (Earlier trademark opposed) The reasoning was to minimize the visual differences as regards the strong phonetic likeliness of the signs, especially because of the…

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SERIAL TALKER !

ARE SLOGANS REALLY ELIGIBLE TO REGISTRATION UNDER THE EU SYSTEM? Recent community decisions show a strict position as regards the eligibility of a slogan to registration as a trademark under the EU system

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Les echos

October 21, 2005 :   The WIPO arbitration and mediation center retained that the registration and use of the domain name lesechos.fr was infringing title right on LES ECHOS, the French economic magazine, along with its protection under French law and ordered the transfer of the domain name to the magazine.

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ALLEZLES BLEUS

January 17, 2006 : The French High Court ruled that the mark ALLEZ LES BLEUS (literally Go on blue guys) was not commonly known at the time of filling and should consequently be regarded as distinctive. It only became well-know after the winning of the world football cup of 1998 by France.

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FOCUS TALK

In the context of an opposition proceeding, the specification of a trademark covering products/services not included in one class shows difference of practice between the French Trademark Office (INPI) and the European one (OHMI) when assessing the products and services similarity. The INPI systematically holds as ungrounded the opposition when the prior registration designates products/services not included…

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