Trademarks

Legal updates, case analysis, and strategic perspectives on trademarks, covering registration, protection, and enforcement across global jurisdictions.

International influencer campaigns: legal traps no brand wants

General practice – IP conflicts in international marketing

NFTs and intellectual property: what you actually buy when you acquire a digital token

Hermès v Mason Rothschild – MetaBirkins (USA, 2023)

Parallel imports in the EU: when you may sell a genuine product without the trademark owner’s consent

Bristol-Myers Squibb v Paranova (CJEU C-427/93) – practical application

AI and brand names: the risk of 'inventing' a trademark that already exists

Practical cases – start-ups v proprietors of earlier trademarks

Influencers and intellectual property: risks many still ignore

General practice – relevant cases: Chiara Ferragni v Guess (2019)

Tiffany v eBay: is an online platform liable for sellers’ counterfeit goods?

U.S. Court of Appeals, Second Circuit | 600 F.3d 93 (2010)

Intel v CPM: how far a famous trademark must be protected against dilution

CJEU C-252/07 | 27 November 2008

Bristol-Myers Squibb v Paranova: when repackaging a genuine product becomes infringement

CJEU C-427/93 | 11 July 1996

Apple v Samsung: the visual similarities that cost billions

U.S. District Court, N.D. California | No. 11-CV-01846-LHK

Google and advertising based on competitors’ trademarks: who is liable and who is not

CJEU C-236/08 – C-238/08 | 23 March 2010

L'Oréal v Bellure: imitating a luxury perfume and boasting about it is infringement

CJEU C-487/07 | 18 June 2009

Can the shape of the LEGO brick be a trademark? The European Court says no

CJEU C-48/09 P | 14 September 2010 | Lego Juris v OHIM

Budweiser, beer and geographical indications: when two rights collide

CJEU C-478/07 | 8 September 2009

Can Google be complicit in trademark infringement? The case of Interflora v Marks & Spencer

CJEU C-323/09 | 22 September 2011

Adidas v Fitnessworld: when you no longer need to prove confusion

CJEU C-408/01 | 23 October 2003

Canon v MGM: the principle of interdependence that changed trademark analysis

CJEU C-39/97 | 29 September 1998

What you must prove when you accuse someone of infringing your trademark

Rolex v EUIPO (T-726/21) – the evidential standard in opposition

Louboutin v YSL: when a famous trademark has limits

Second Circuit Court of Appeals, USA | 11-3303-cv

Why the “average consumer” is the main character in every trademark dispute

Sabel v Puma (CJEU C-251/95) – application of the principle of global assessment

Rolex lost an opposition. Here is why similarity of signs is not enough

General Court | T-726/21 | 18 January 2023

Can a colour be a trademark? The red sole case, Louboutin v YSL

U.S. Court of Appeals, Second Circuit | No. 11-3303 | 2013

How do we determine whether two trademarks are confusingly similar? The lesson of Sabel v Puma

CJEU C-251/95 | 11 November 1997

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