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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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Use of a mark under a modified form

For the Board of Appeal, the use of the word mark VITAL under the form VIT’ALL is altering the distinctive character of the mark : the addition of the second L letter and the separation of the word VITAL in two portions creates a new visual impression which is reinforced by the  + ending (Decision dated…

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INLEX FILES : First worldwide case of cancellation for color trademark which became common !

  (trademark)  On March 23, 2006, the Court of Appeal of Lyon ordered the cancellation of the pink color trademark of CANDIA considering that the pink color has now become common for milk products. The concerned trademark was regarded as an insufficient variation of that pink color for enabling the average consumers to distinguish the…

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It smells !

On January 25, 2006, the Paris Court of Appeal held that perfumes are eligible to copyright protection. For the Judges, perfumes can be identified through their smell architecture, and their unusual combination of essences, performed in very specific combinations, may show the creative work of their author. Several perfume companies sued BELLURE NV for, inter…

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Cut and Paste, not confusiong !

The OHIM Board of Appeal ruled on March 7, 2006 that the earlier mark and were dissimilar from   The Opposition Division had first retained a likelihood of confusion due to the common device.According to the Board, the size and central position of the word part FSA however dominate the contested trademark. This is in…

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Will the rabbit move fast enough ?

In the context of an opposition based on QUICKIES and other deriving QUICK trademarks lodged against the CTM for the Opposition Division recognized a risk of confusion by focussing its analysis exclusively on the earlier trademark QUICKIES. The Board of Appeal and the European Court of First Instance confirmed this position.

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Change of case law as to phonetic similarity

The CJEC ruled on March 23,2006, that a mere phonetic similarity between two signs does not necessarily give rise to a likelihood of confusion. The appellant contested the earlier OHIM decisions which retained that the phonetic similarity was not counterbalancing the visual and intellectual differences between:               /                    ZIRH (Earlier trademark)        (contested application) The new…

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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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