Inga-Marlene Pietsch (UK)

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Well, bust my buttons: EU court rejects Teddy’s positional mark

By Inga-Marlene Pietsch (UK) on January 30, 2014 Posted in Trademark

The General Court of the European Union has set a high watermark for positional trademarks in refusing protection of the “Steiff – Knopf im Ohr” (button in ear). The General Court has dismissed an appeal of the luxury teddy bears’ maker Margarete Steiff GmbH (Steiff) who applied for a positional community trademark described as “a … Continue reading

European Court confirms the high threshold required to prove detriment to a well-known/reputable trade mark

By Inga-Marlene Pietsch (UK) on December 9, 2013 Posted in Trademark

The Court of Justice of the European Union (CJEU) has ruled that owners of reputable marks must provide evidence of a change in the economic behaviour of the average consumer, or at least a serious risk of such, if they are to prove that a defendant’s use of an identical or similar mark would take … Continue reading

Good news for brand owners – EU authorities receive wider enforcement powers for IP rights

By Inga-Marlene Pietsch (UK) on July 19, 2013 Posted in Trademark

On 1 January 2014, the European Union Council’s new Regulation (No. 608/2013) (the New Regulation) concerning customs enforcement of intellectual property rights will (largely) come into force. It will repeal the existing Regulation (No. 1383/2003) (the Existing Regulation) concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be … Continue reading