Case comments
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Resale value recognised
This preliminary ruling clarifies genuine use principles, says Aaron Hetherington. C-720/18 and C-721/18 (joined), Ferrari SpA v DU, CJEU, 22nd October 2020.
Watch and learn
Leanne Gulliver rounds up the lessons from an unsuccessful appeal on behalf of a famous F1 name. R 351/2020-4, 44IP Ltd v Hamilton International AG, EUIPO, 20th October 2020.
Important finding for fashionistas
The law has developed notably with regards to passing off, writes Khemi Salhan. EWHC 3032 (IPEC), Freddy SpA v Hugz Clothing & Others, IPEC, 19th November 2020.
Searching questions remain
Cameron Malone-Brown looks at how the UK’s exit from the EU may affect future adjudication on online advertising. EWHC 2564 (IPEC), Pliteq Inc & Another v iKoustic Ltd & Another, IPEC, 2nd October 2020.
Kicked to the kerb
Johanna Robertson reports on an unexpected analysis of similarity in relation to sporting marks. R 640/2020-4, Jürgen Klinsmann v Panini SpA, EUIPO, 28th September 2020.
It’s never easy
Charlene Nelson outlines why this invalidation proved impossible. O/569/20, EASY PHO (Invalidation), UK IPO, 16th November 2020.
A collective failure
The Hearing Officer neglected to consider a crucial distinction, explains Emilia Petrossian.
Appeal settles monster clash
A difference over assessment resulted in a partial annulment, explains Gavin Stenton. R 272/2020-2, MONSTER BULLS (Opposition), EUIPO, 23rd October 2020.