IP Snapshot June 2012

Bringing you regular news of key developments in intellectual property law.

TRADE MARKS AND PASSING OFF

Helena Rubinstein SNC and another v OHIM, Case C-100/11P, 10 May 2012

The CJEU has rejected all grounds of appeal raised by Helena Rubinstein and L'Oreal in connection with the declaration of invalidity granted against their respective Community Trade Mark (CTM) registrations for BOTOLIST and BOTOCYL. This decision emphasises the CJEU and General Court's inability to rule on findings of fact which have been made by lower courts. Appellants should always be careful to ensure that appeals are based on a point of law. Furthermore, it is interesting to note the Court's approach in respect of the documents which were not translated. While this offers some comfort to those filing documents in another language without an accompanying translation, parties must be careful to ensure that all of the relevant rules of the court are adhered to. For the full text of the decision, click here

Chocoladefabriken Lindt & Sprüngli AG v OHIM, Case C-98/11 P, 24 May 2012

The CJEU has dismissed an appeal against the finding that a three-dimensional mark for chocolate products (a rabbit shaped chocolate wrapped in gold with a red ribbon bow and bell) lacked both inherent and acquired distinctiveness. The court supported the finding that evidence of acquired distinctiveness for three countries would not suffice to evidence acquired distinctive character throughout the EU. For the full text of the decision, click here

Lumos Skincare Ltd v Sweet Squared Ltd and others [2012] EWPCC 22, 10 May 2012

In a passing off case brought in relation to the use of the mark "LUMOS" for skincare products against companies manufacturing and distributing nail care products under the same name, the Patent's County Court (PCC) has held that the passing off action was unsuccessful on the basis that there had been no misrepresentation by the defendants. For the full text of the decision, click here

Environmental Manufacturing LLP v OHIM, Case T-570/10, 22 May 2012

The EU General Court has ruled that demonstrating detriment to a trade mark's distinctive character does not require proof of a change in economic behaviour of the average consumer of the goods or services for which the mark is registered. Although this point had been considered by the ECJ in a previous case, the EU General Court interpreted Article 8(5) of the Community Trade Mark (CTM) Regulation differently. The action...