More 10 posts of Stefan Schröter

Louboutin

The European Court of Justice (ECJ) affirms the liability of internet sales platforms for plagiarism offers from third-party sellers

There remains little doubt about Amazon’s liability for third party trademark infringements following the recent ECJ judgment of 22 December 2022 in the preliminary ruling in C-148/21 and C-184/21 Louboutin ./. Amazon. Specifically, the ECJ had to decide on questions regarding Amazon’s liability for offers of counterfeit shoes designed by Christian Louboutin.

Swiss Federal Court denies likelihood of confusion between the names of the two law firms Pachmann Rechtsanwälte AG and Bachmann Rechtsanwälte AG

In a dispute between two Zurich law firms the Swiss Federal Supreme court decided on specific questions on the law of company trade names. The lawfirm “Pachmann Rechtsanwälte AG” registered as a Swiss stock company has raised claims to change the name of the lawfirm “Bachmann Rechtsanwälte AG”, which was later registered as a Swiss company. It based those claims on the law of company names, trade…

New EU practice regarding black-and-white marks: impact on establishment of genuine use

Trademark owners are concerned about the Common Communication by the trademark offices of the EU states and the European Community Trademark Office published in spring 2014 regarding the “scope of protection for marks registered in black-and-white or greyscale”.

In Switzerland, for genuine use to be established a registered mark can also be used in a form that does not deviate materially from …

Genuine use of a trademark when used differently than registered (Decision B-3056/2012 of June 4, 2014 of the Swiss Administrative Court – “Artic”)

ThoCon AG filed the Swiss trademark ARTIC VELVET for inter alia beverages in Nice classes 32 and 33. ILLVA SARONNO SPA filed opposition against this trademark based on an older international figurative trade mark (see below), which is registered in Switzerland for beverages (Nice classes 32 and 33).

Mark as registered (with polar bear element)

The trade mark have been used in Switzerland …


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