IP Snapshot - October 2010

Bringing you regular news of key developments in intellectual property law

TRADE MARKS

Travel Services a.s. v OHIM, General Court, Case T-72/08, 13 September 2010

The General Court confirmed the OHIM Board of Appeal's decision in its finding that there was a likelihood of confusion between an application for a device mark incorporating the word SMARTWINGS and various earlier word and device marks for EUROWINGS for goods and services related to aviation. WINGS was the dominant element, despite being, arguably, of weak distinctive character. For the full text of the decision, click here

Procter and Gamble Company v OHIM, General Court, Case T-366/07, 13 September 2010

The General Court overturned the OHIM Board of Appeal in its finding that there was no likelihood of confusion between P & G PRESTIGE BEAUTE as a word mark and prior Italian marks consisting of the word PRESTIGE in special script. For the full text of the decision, click here.

Lego Juris A/S v OHIM and MEGA Brands, Inc, Case C-48/09 P, 14 September 2010

This case concerned the validity of a trademark consisting of a three-dimensional shape. The EU General Court had held that the trademark consisted exclusively of the shape of goods that was necessary to obtain a technical result, and was therefore invalid under Article 7(1)(e)(ii) of the CTM Regulation. The claimant's subsequent appeal to the ECJ was dismissed as unfounded due to the fulfilment of the conditions of Article 7(1)(e)(ii). For the full text of the decision click here.

OHIM v Borco-Marken-Import Matthiesen, Case 265/09 P, 9 September 2010

This case relates to the ongoing dispute that arose from the examiner refusing an application for a Community trade mark in respect to the letter 'α' (alpha, the Greek for 'a') for 'alcoholic beverages (except beers), wines, sparkling wines and beverages containing wine' in Class 33. The examiner refused the application on the grounds that the letter did not have a distinctive character under Article 7(1)(b) of the Community Trade Mark Regulation. The decision was appealed and the latest appeal to European Court of Justice (First Chamber) by OHIM has now been rejected. For the full text of the decision, click here.

Bayerischer Brauerbund eV v Bavaria NV, Case C-120/08, 16 September 2010

This case relates to an opinion given by the Advocate General, clarifying the relevant date for the purposes of priority of a protected geographical indication (PGI) or designation of origin (PDO)...