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[Guest post] No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion

The IPKat

Here’s what Jan writes: No small feat: Converse wins Dutch Supreme Court case on trade mark exhaustion by Jan Jacobi As explained in an earlier blog , proving trade mark exhaustion (within the meaning of Article 15 of the Trade Mark Directive ) can be a very challenging task.

Marketing 130
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Van Doren Lifestyle revisited: the reversal of the burden of proof due to market partitioning

The IPKat

In the context of European trade, proving trade mark exhaustion (within the meaning of article 15 of the Trade Mark Directive) can be challenging. On the basis of the Van Doren Lifestyle judgement by the ECJ (as it then was), the burden of proof regarding trade mark exhaustion rests with the party relying on it.

Marketing 124
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Design Patent: Invalid as Unduly Functional

Patently-O

Evo Lifestyle Products ( Fed. Although the design must be ornamental, it is simultaneously a “design for an article of manufacture.” Certainly, a design falls on the unduly functional side if its patent excludes all possible forms of the article of manufacture in question. by Dennis Crouch. Golden Eye Media USA v.

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UK Police Applaud Five-Year Jail Sentence for ‘Fugitive’ IPTV Reseller

TorrentFreak

Based on this and other evidence, Liverpool Crown Court found Brockley guilty of supplying articles for use in fraud and the fraudulent evasion of income tax. Brockley made tens of thousands of pounds from an illegal activity and used the money to fund his lifestyle. City of London Police are pleased with this outcome.

Reporting 113
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NOT MILK IS NOT DISTINTICTVE, SAYS THE GENERAL COURT

The IPKat

By decision dated 18 October 2022, the Examiner rejected the trade mark registration under Article 7(1)(b) and (c) EUTMR as the requested trade mark was deemed to be descriptive and lacked distinctiveness. The Examiner also noted that the Applicant did not prove acquired distinctiveness through use as per Article 7(3) EUTMR.

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Never too late: If you missed the IPKat last week!

The IPKat

Image via Flickr TRADE MARKS GuestKat Alessandro Cerri analysed the recent judgment of the High Court of England and Wales in the Lifestyle Equities v Berkshire Polo trade mark dispute. Full article can be accessed here. Full article can be checked out here. More information is available here. Full analysis available here.

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The Vespa appearance: Italian Supreme Court considers that its artistic value may preclude trade mark protection (due to substantial value absolute ground)

The IPKat

To tackle this issue, the Supreme Court recalled at the outset that the absolute grounds found in Article 7(1)(e) EUTMR / Article 4(1(e) TMD are rooted within a public policy rationale, that is to avoid that the limited duration of other IP rights (e.g., How can this conclusion be right?

Designs 134