Header graphic for print
LimeGreenIP News

Tag Archives: Community Design

CJEU: Sweet victory for well-known trademark against registered design

In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action against the filing of a design featuring similar packaging filled with coloured sweets. Background The plaintiff manufactures coloured oval sweets

CJEU on designs which are solely dictated by technical functions

On 8 March 2018, the CJEU issued a preliminary ruling in a case that had been referred by the Higher Regional Court of Düsseldorf, Germany. The decision concerns Article 8 (1) of Regulation No 6/2002 which excludes the features of appearance of a product from protection which are solely dictated by its technical function. If all features

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal. The questions concern jurisdiction to hear EU trade mark infringement claims in a cross-border online advertisement and sale case and the answers will have consequences not

European Commission paper on Brexit and IP

The European Commission has released a position paper on “Intellectual property rights (including geographical indications)” giving us the first indication of how the Commission will approach the Brexit negotiations with the UK regarding Intellectual Property Rights (“IPR“). The Commission has set up a Taskforce on Article 50 negotiations with the United Kingdom to prepare the

Proving copying in UK copyright and designs cases: No need for mountain climbing

John Kaldor Fabricmaker UK Limited v Lee Ann Fashions Limited [2014] EWHC 3779 (IPEC): UK copyright and unregistered Community design rights in a fabric design held not infringed, despite design similarities and Defendant’s access to Claimant’s fabric. Background In the summer of 2012, Marks & Spencer (one of the UK’s largest retailers) asked the Defendant