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Drug lord or 'Robin Hood of Colombia' - EU General Court judgment in case T-255/23
On 17 April 2024, the General Court of the European Union ruled against the registration of the sign 'Pablo Escobar' as an EU trade mark because it is contrary to public policy and accepted principles of morality (ref. T-255/23). Escobar Inc., a company based in Guayna on the island of Puerto Rico (USA), which is [...]

When you trade a Ferrari for a Twingo, or the use of trademarks in a song.
Colombian singer Shakira appeared on the lips of the show-business world yesterday. During a performance at the Bzrp Music Sessions, the artist sang: "You traded a Ferrari for a Twingo, you traded a Rolex for a Casio". From the context in which the song was performed, it is clear that Shakira wanted to clearly emphasize [...]

Commercial communications in the light of the amended Broadcasting Act
On 1 November 2021, an amendment to the Broadcasting Act came into force. The changes are due to the need to implement Directive 2018/1808 of the European Parliament and of the Council of 14 November 2018[1]. In addition to the provisions on the operation of video sharing platforms, or changes to the labelling of content [...]

Miley Cyrus as an EU trademark? On the registration of first names and surnames
Famous US singer Miley Cyrus can register her name as an EU trademark. This conclusion was reached by the General Court of the European Union in June after the European Union Intellectual Property Office (EUIPO) had previously refused to register the artist's trademark due to a conflict with the CYRUS brand. Name as a trademark [...]

The „Satan shoes” dispute – Nike’s attempt to protect its trademark and the extent of its freedom to modify designer products
MSCHF, a Brooklyn-based art collective, remade and sold 666 pairs of Air Max 97 model shoes. The “Satan shoes” had a drop of human blood in the sole, pentagrams at the laces, and a biblical quote embroidered on the side: “Luke 10:18”. Nike sued MSCHF for the use of their trademark and demanded compensation for [...]

What is "El Clasico"? All about a failed attempt to register a trademark
El Clasico, or the skirmishes between Real Madrid and FC Barcelona, is more than a match. It is a clash of Catalan independence aspirations with Spanish centralism. It is a symbol of rivalry, an occasion for meetings, a source of (not only sporting) emotions. But not a trademark. This was the conclusion reached by the [...]

Intellectual property vouchers for SMEs - how to get 50% reimbursement of trademark/design application costs
Starting January 11, 2021. The European Union Intellectual Property Office (EUIPO), together with the European Commission, has launched a call for applications under The Ideas Powered for Business SME Fund program, which aims to support European small and medium-sized entrepreneurs (SMEs) in accessing intellectual property rights. Under the program, SMEs can apply for a grant [...]

Fragrance as a trademark?
The continuous development of consumerism and the introduction of new products and services causes manufacturers to look for effective promotion methods to increase profits and broaden their customer portfolio. Color, shape, taste, or smell are more and more willingly used for promotion, forming the so-called sensory marketing strategy, also known as the marketing strategy of [...]

Coronavirus as a trademark
The specific time caused by the introduction of the SARS-CoV-2 coronavirus pandemic affects many aspects of the daily, professional and economic life of society. This is also reflected in trademarks. Since February 2020, offices have been receiving new and new applications for registration of exclusive rights for signs referring - both in word and graphic [...]

Revolution before us - On specialised courts for intellectual property, part 1
This is already certain - as of 1 July 2020, new regulations will come into force, based on which, within the framework of separate departments in four (most probably, although this number may still increase) district courts and two courts of appeal in Poland, specialized courts for intellectual property will be created. New units in [...]

Why do we need an industrial design? - case study on pan-European security claims for product design protection
Based on the case study from our intellectual property protection practice, we explain how to secure claims concerning Community designs in the territory of the European Union and how to use EU law instruments in effective protection of product design.  LSW recently represented a Client who is one of the largest manufacturers of household appliances [...]

Adidas loses before the General Court of the European Union the case regarding the exclusivity of ‘three stripes’. Practical aspects of the judgment of 19 June 2019.
Last week, the public (and not only the legal one) was electrified by the EU Court ruling on the Adidas trademark, which depicts three stripes characteristic of the brand. As a result of this ruling (judgment of the Court of First Instance of 19 June 2019, Case T-307/17), the decision of the European Union Office [...]

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