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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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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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Obelix/ Mobilix

In OBELIX vs./ MOBILIX (October 27,2005), the European Court of First Instance first denied similarity because of the wide formulation « electrotechnical apparatus and instruments, electronics » whereas a specific protection of telecommunication apparatus and instruments could have been easily obtained by the opponent when reciting the list of products. The Court even goes further in absurdness…

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