On September 10, 2008, the European Court of First Instance ruled that “pharmaceuticals” were similar to “insecticides for killing dust mites”. For the Court, these products shared the same purpose, namely preventing or treating a respiratory illness. Pharmaceuticals would be even more effective in solving respiratory problems thanks to insecticide effects on dust mites. Even …
Dans son arrêt du 24 septembre 2008, le TPICE refuse d’annuler la marque communautaire verbale I.T. @ MANPOWER déposée au nom de la société américaine Manpower INC. Le TPICE considère, en effet, dans un premier temps, que cette marque ne saurait être perçue comme une indication descriptive des produits et services en question.
With the wake of expansion of the EU 25 countries on May 1st 2004, which considerably expanded the borders with risky countries, the new Regulation has been adopted on border controls on counterfeit and pirated goods. In the wake of the expansion of the 25 EU countries on May 1st 2004, which considerably extended the …
Since ICANN confirmed the relaxation of the conditions for the creation of new TLD domain names, private companies can now create new extensions like .music, .love, .football. The only condition is to have a technical infrastructure, complying with the drastic rules of ICANN, which constitutes a major barrier. This new process of registration will be …
On October 21, 2008, the European Court of First Instance reversed the previous rulings of the OHIM by stating that PRAZOL and PREZAL were similar.For the Court, the marks had visually the same number of syllables and 5 identical letters. Orally, their two syllables had a very close sound and the same succession of consonants. …
On September 10, 2008, the CFI denied similarity between the marks BIOVISC on the one hand and DUOVISC and PROVISC on the other hand, for ophthalmic products. The public was considered to be mostly professionals. The Court found that the slight difference between BIO and DUO or PRO was sufficient to prevent them from confusion. …
On July 1st, 2008, the French High Court considered that BOTOX could not identify the origin of products. In fact, the mark BOTOX had turned into an usual name for the botulic toxin. ALLERGAN sued JOUVE & AGE for counterfeiting of its mark BOTOX. The Court of Appeal upheld the trademark cancellation for non-use raised …
On October 21, 2008, the European Court of First Instance stated that the shape of a trapezoidal bag topped with two handles was not distinctive as a 3D trademark. It was regarded as directly evocative of the representation of a typical contemporary bag and therefore improper to affect the memory of consumers and indicate a …
On April 30, 2008, the Douai Court of Appeal ruled a likelihood of confusion between the CHIPIE’s dog flagship and a trademark representing a dog. For the judge, even if their race was not really defined, the two dogs represented only differed in details that medium care consumers could not perceive nor remember. This is …
Une nouvelle décision concernant le référencement via le logiciel Adword de Google vient d’être rendue (TGI de Paris 17 septembre 2008). Quand un internaute faisait une requête dans le moteur de recherche Google sur les mots clefs WIZIOU ou CARASEXE, marques appartenant à la société 2L Multimédia, les sites internet de son concurrent Meetic apparaissaient …
Une obligation de déclaration de mots clefs négatifs ? Lire la suite »
