ArticleBenelux Countries Update Trade Mark LawThe Protocol contains almost exclusively provisions the implementation of which is mandatory under the Directive. European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU Court Of Justice Clarifies Scope Of Citation Limitation To Community Design RightsFor advertising purposes, BigBen uses images of goods corresponding to the protected designs held by Nintendo.European UnionIntellectual PropertyVan Bael & Bellis
ArticleCourt Of Justice Of European Union Holds That Louboutin Red Soles Qualify For Trade Mark ProtectionInstead, a definition must be provided by considering the usual meaning of the word ‘shape' in everyday language. European UnionIntellectual PropertyVan Bael & Bellis
ArticleThe European Trademark Reform: Key Changes Brand Owners Need To KnowTo make the EU even more attractive for business, the European institutions have recently reached a provisional agreement on reforms to modernize the European trademark law system.European UnionIntellectual PropertyCrowell & Moring LLP
ArticleECJ Interprets Rules Of Jurisdiction For Community Trade Mark Infringements And Unfair Competition ActionsThe questions arose in proceedings between First Note Perfumes and Coty Germany GmbH, a German producer and distributor of perfumes and cosmetic products.European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU General Court Finds Body-Builder Silhouette Is Descriptive And Cannot Be Registered As Trade MarkThe GC observed, however, that the sign at hand was to be immediately and directly perceived by the relevant public as relating to body-building. European UnionIntellectual PropertyVan Bael & Bellis
ArticleEU General Court Reaffirms Refusal Of Trade Mark Registration Of Shape Of New Coca-Cola BottleOn 24 February 2016, the EU General Court ("GC") gave judgment on the validity of the trade mark registration by The Coca-Cola Company ("Coca-Cola") for the shape of Coca-Cola's contour bottle.European UnionIntellectual PropertyVan Bael & Bellis
ArticleGeneral Court Considers Similarity Between ZEBEXIR And ZEBENIX To Lead To Likely ConfusionOn 9 October 2012, the General Court of the European Union (the "General Court") annulled a decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (the "OHIM"). European UnionIntellectual PropertyVan Bael & Bellis
ArticleGeneral Court Upholds Pfizer’s Opposition To VIAGUARA Trade MarkOn 25 January 2012, the General Court of the European Union (the "General Court") upheld Pfizer’s opposition against the registration of the sign ‘VIAGUARA’ as a Community Trade Mark ("CTM") on the basis of the strong reputation of Pfizer’s own ‘VIAGRA’ trade mark. European UnionIntellectual PropertyVan Bael & Bellis
ArticleNo Need To Invalidate Infringer’s Trade Mark, Says Advocate GeneralOn 15 November 2012, Advocate General Mengozzi of the Court of Justice of the European Union delivered his opinion in a case between the holder of a registered Community trade mark and the proprietor of an allegedly infringing later Community trade mark. European UnionIntellectual PropertyVan Bael & Bellis
ArticleNo Trade Mark Liability For Bottler In Litigation With Red BullOn 15 December 2011, the Court of Justice of the European Union ("ECJ") handed down a judgment in Case C-119/10 between Frisdranken Winters BV ("Winters") and Red Bull GmbH ("Red Bull") regarding the protection of the latter’s famous trade mark RED BULL. European UnionIntellectual PropertyVan Bael & Bellis
ArticleECJ Guidance On Acquired Distinctiveness Of Colour Trade MarkThe Court of Justice of the European Union handed down a preliminary ruling in joined cases C-217/13 and C-218/13 on the registration of a colour trade mark.European UnionIntellectual PropertyVan Bael & Bellis
ArticleBrussels Court Of Appeal Confirms AB InBev Infringement Of Maes’ Blue Colour Trade MarkOn 21 October 2013, the Brussels Court of Appeal ruled on a dispute between Alken Maes Brouwerijen N.V. and InBev Belgium N.V. concerning the alleged violation by InBev of an abstract Benelux colour trademark held by Maes. BelgiumIntellectual PropertyVan Bael & Bellis
ArticleBrussels Court Of Appeal Reestablishes Validity Of Louboutin’s Red Sole Trade MarkLouboutin initiated cease-and-desist proceedings against Van Dalen in August 2013. In its defence, Van Dalen claimed that Louboutin's Trade Mark was invalid.BelgiumIntellectual PropertyVan Bael & Bellis
ArticleCourt Of Appeal Permits Repackaging Of Parallel Import PharmaceuticalsOn 14 September 2015, the Court of Appeal of Mons permitted parallel imported pharmaceutical products to be repackaged and sold in package sizes that are predominant on the Belgian market. BelgiumIntellectual PropertyVan Bael & Bellis
ArticleMons Court Of Appeal Rules On Use Of Competitor's Trademark As AdWordOn 16 November 2015, the Mons Court of Appeal (the "Court") handed down a judgment in a dispute between Verabel, a trademark holder, and Verandas Confort, which used the word 'Verabel' as a Google AdWord.BelgiumIntellectual PropertyVan Bael & Bellis
ArticleThe Belgian Council Of Advertising Issues A Recommendation On Transparency And Identification Of Advertising: Native AdvertisingOn 27 April 2016, the Belgian self-regulatory advertising authority Jury on Ethical Practices in Advertising ("JEP") published its Recommendation on Native Advertising.BelgiumMedia, Telecoms, IT, EntertainmentGlobal Advertising Lawyers Alliance (GALA)
ArticleCJEU Establishes Framework For Balancing Trademark Rights And Freedom Of ExpressionThe Court of Justice of the European Union has ruled on whether political expression and parody can justify the unauthorized use of a reputed trademark, examining the balance between intellectual property rights and freedom of speech. The case arose from a Belgian political party's immigration campaign that adopted IKEA's branding without permission, prompting Inter IKEA to bring infringement proceedings.European UnionIntellectual PropertyGreenberg Traurig
ArticleECJ Affirms Distinctive Character Of National Trade Marks In Opposition ProceedingsThe Court of Justice of the European Union ("ECJ") overruled the General Court and OHIM in its judgment of 24 May 2012.European UnionIntellectual PropertyVan Bael & Bellis
ArticleECJ On IP Infringement Resulting From Online Sales Outside EUThe ECJ handed down an interesting judgment interpreting the notion of infringement of copyright and trade mark law in the context of Regulation 1383/2003.European UnionIntellectual PropertyVan Bael & Bellis