Messi wins the battle against the mark ‘Massi’ after a decade-long dispute

The Court of Justice of the European Union has dismissed the appeals filed by the European Union Intellectual Property Office (EUIPO) and the Spanish company J-M.E.V e hijos S.R.L., in a dispute that has lasted for almost a decade and which finally recognizes that the world-famous F.C. Barcelona player, Lionel Andrés Messi Cuccittini, holds exclusive […]

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Banksy case: registration of a trademark in bad faith and the price of anonymity

In a recent decision, the EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” for being filed in bad faith. The EUIPO ruled that at the time the application was filed, the artist had no intention of using the sign as a trademark and that he only used it subsequently to […]

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New criteria for protecting three-dimensional trademarks

It is not always easy to determine the minimum threshold for distinctiveness when protecting a three-dimensional trademark. Given the disparate criteria applied by European justice in this matter, and with a view to providing a joint solution to the issue, a guide for Common Practice has been issued for the procedures that were put in […]

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Dispute regarding the European registration of the trademark ‘Neymar’: beating them all to it doesn’t always count

In the race for ownership of a trademark, the principles of loyalty and business ethics prevail over the ‘first to file rule’ according to which whoever gets there first and is the quickest to register the mark holds exclusive rights. We look at the ‘Neymar’ case, in which bad faith in registering the trademark led […]

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Siege against online searches for fakes

Google has set up a new option to avoid finding sites offering counterfeit goods, allowing users to request that it review and take down sites selling counterfeit goods. This measure may prove to be very effective in preventing the visibility of sites that profit from selling fakes. You need to fill out a form provided […]

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According to the CJEU, the reputation of a trademark is not considered when comparing its similarity to other signs

What do trademarks such as Intel, Red Bull, Visa, Hermès or Rolex have in common? They have all been recognized as trademarks with a reputation in most EU countries. As a general rule, a trademark’s reputation affords reinforced protection from third parties attempting to register identical or similar signs. However, reputation is not always relevant. […]

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