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Tag Archives: reputation

Germany: Influencers, distinctiveness and reputation. A translation round-up

The following short posts covering competition issues in influencer advertising, trademark distinctiveness for media services and limitations to the power of reputation are translated from our German language blog. We will publish futher English translations from this blog periodically: Berlin: Influencer must identify presented products as advertising In an attention-grabbing decision (case ref. 52 O 101/18), the District Court

‘Polo’ wins enhanced distinctiveness”chukkers” to offset weak distinctive character

In this EUTM case the General Court (GC) decided for The Polo/Lauren Company LP, concluding that alleged weak distinctive character of the earlier mark in regard to certain goods was amply compensated by the enhanced distinctive character that the earlier mark has acquired through the use in trade. 1st Chukker: In 2014, the EUTM applicant

UPDATE: UK Government comments on Draft EU Withdrawal Agreement

On 19 March the EU and the UK agreed the terms of a Brexit transition period ending on 31 December 2020. An updated colour-coded version of the EU’s Draft Withdrawal Agreement was published by the negotiators indicating which articles are provisionally agreed (highlighted in green), agreed from a policy perspective but subject to the drafting

A welcome trend: China’s Supreme People’s Court rules damages should be proportional to fame in trademark infringement cases

In a recent appeal, China’s Supreme People’s Court (“SPC“) found in favour of Michelin against Sen Tai Da and related parties (“Sen Tai Da“) for trademark infringement. The SPC’s decision is significant in that it authoritatively confirms the emerging trend to take the reputation of a mark into account when determining the level of the

EU: Acting on Impulse – CJEU strengthens importance of CTMs

The Court of Justice of the European Union (“CJEU”) clarified in a landmark judgment that if reputation of an earlier CTM is established in one EU country, image transfer and extended protection are possible in another, provided that a commercially significant part of the relevant public there is familiar with the trade mark. OHIM gave

EU – DARJEELING: A question of “exceptional strength”

European General Court considers that a reputation of “exceptional strength” can lead to an image transfer within the meaning of Article 8(5) CTMR even for dissimilar goods. The Tea Board brought oppositions against four Community trade mark applications for figurative signs containing the word DARJEELING in classes 25, 35 and 38 in the name of