The Court of Appeal of Arnhem/Leeuwarden, The Netherlands, in its decision of August 21, 2018 invalidated the Benelux trade mark registration of the so called S-shape for loosefill packing material (see below picture) because it consists exclusively of a shape that is necessary to obtain a technical result. The Court of Appeal…
The Benelux trade mark system will undergo two important changes as per June 1, 2018. Appeals from decisions of the Benelux Office for Intellectual Property (BOIP) Until now appeals from decisions of the BOIP in opposition cases were brought before the courts of appeal of The Hague, Brussels or Luxembourg (with further appeals on questions…
The Court of Justice has rendered a crucial decision on the jurisdiction of the Community design courts over European co-defendants and the national law applicable to the measures sought. Nintendo holds various Community design rights for accessories for video game consoles, such as remote controls. It brought infringement proceedings in Germany against two companies: BigBen…
In a recent decision, the Court of Appeal of The Hague concluded that there is a confusing similarity between Lacoste’s device mark consisting of a picture of a crocodile, registered for (among other things) cosmetic products in class 3, and the word mark EAU CROCO for the same products. The case concerned an application by…
