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PADIMA NOTES July 2016
[ MCDONALD’S vs MACCOFFEE ]
Judgment of the General Court of 5 July 2016. Case T-518/13. Future Enterprises vs EUIPO/ McDonald International Property Co, Ltd.
Subject: European Union Trademark.
The General Court of the European Union rejected the appeal lodged by Future Enterprises, after the nullity of their European Union trademark Maccoffee for food products and beverages. The Court ratifies that there is indeed phonetic and conceptual similarity, since the analyzed trademarks share the Gaelic surname (Mac) prefix, which is common knowledge for the relevant public. Besides, the Court recognizes that the prior trademarks are a “family of marks” and have been used as such. Likewise, it is recognized that the applied mark has a similar structure to the “Mc” family of marks (Mc/Mac prefix + food product). Thus, it is concluded that there is unfair advantage of the McDonald’s trademark reputation and so, the appeal is rejected.
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[ Licenses ]
Judgment of the Court of Justice of 22 June 2016. Case C-419/15. Thomas Philipps GmbH & Co. KG/ Grüne Welle Vertriebs GmbH
Subject: Preliminary ruling: interpretation art. 33.2 and 33.3 of the Council Regulation (CE) 6/2002, of 12 December 2001, on Community Designs.
Abstract: The ECJ considers that art. 33, section 2, preliminary phase, must be interpreted in the sense that the licensee shall act against infringement of a Registered Community Design subject of the license, although said license has not been recorded in the Community Designs Registry.
On the same way, the ECJ understands that article 32, section 3, of the Regulation 6/2002 must be interpreted in the sense that the licensee shall, in the frame of an infringement action against a Community Design lodged by him/her based on said provision, claim a compensation of the damages suffered.
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[ Colour as a Trademark ]
The German Supreme Court ruled that the German savings banks Sparkassen shall keep colour red (HKS 13) as their trademark in Germany. Santander Bank loses the legal battle – started in 2002 – in which they claimed that said colour was also distinctive of their corporate image.
*Source (in Spanish): elmundo.es
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[ New Incorporation ]
New incorporation to TMview and Designview of the Albanian General Directorate of Patents and Trademarks.
TMview and Designview search tools managed by the EUIPO include since last 4 July the information on trademarks and designs in the Albanian General Directorate of Patents and Trademarks (GDPT).
With Albania’s incorporation, TMview has already data from 55 offices and DesignView, from 49.
*Source: EUIPO
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[ Counterfeits ]
“The evidences in the trademark and design counterfeits within the European Union”
Our Legal Area Director here at PADIMA, Iván Sempere, has participated as a speaker in the seminar organized by the National Spanish Police and the Univertiy of Alicante, about aspects relating to the evidences in criminal proceedings of trademark and design counterfeits. This course is addressed to members of the different National Security Forces and Bodies.
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