Corte di Giustizie UE

According to the EUIPO, Banksy’s “Flower Thrower” trademark is invalid since it was registered in bad faith

A very recent decision of the EUIPO Cancellation Division (no. 33 843 C) ascertained the invalidity of trademark no. 12575155,  registered by the company Pest Control Office Ltd. (the company acting on behalf of the well-known street artist Banksy), because it had been filed in bad faith pursuant to […]

By |30 09 2020|Uncategorized|0 Comments|

EU Court of Justice redefines the neutrality of hosting providers

With the decision
of last October 3rd, the European Court of Justice (preliminary ruling C-18/18),
provided some clarifications on the interpretation of Article 15(1) of EC
Directive no. 2000/31. The provision lays down the principle of provider
neutrality by preventing Member States from imposing on Internet Service Providers
a general obligation to monitor stored […]

By |06 12 2019|Uncategorized|0 Comments|

EU General Court, T-215/17: the ‘Apple’ trademark cannot be confused with the ‘Pear’ trademark

With a recent judgement, the EU General Court ruled on the matter of visual and conceptual similarity between signs and, overturning EUIPO’s decision, found that the well-known Apple trademark and the Pear trademark (shown below) cannot be confused.

The dispute arose from Apple Inc’s opposition
to the application for registration of […]

By |03 06 2019|Uncategorized|0 Comments|

EUCJ, C‑614/17: a PDO can be infringed by images that evoke it suggestively

By Laura Spagnoli and Luigi Manna

With a decision dated 2 May 2019, the European Court of
Justice (C-614/17) ruled on three preliminary questions raised by the Tribunal Supremo (the Spanish Supreme
Court), concerning the interpretation of Article 13(1)(b) of Regulation EC no. 2006/510
in the matter of protection of designations of origin […]

By |16 05 2019|Uncategorized|0 Comments|