dr Monika A. Górska | In Principle

Are computer games still a niche product, or have they entered the mainstream? The possibility of registering a trademark similar to an earlier mark turns on this issue.

Whisper marketing is nothing new. Customers, especially younger ones, will lean toward a purchase if the good or service is recommended by a friend or someone they trust. They treat traditional advertising with increasing distance and scepticism.

It has now been more than 18 years since Enercon GmbH, a manufacturer of wind turbines, applied to register a colour trademark with the EUIPO consisting of a pillar with stripes in varying shades of green and white. The ECJ issued a definitive judgment on the extent of the protection granted.

A licensee’s right to bring a legal action in proceedings for infringement of a trademark was introduced by the amendment to the Industrial Property Law. So far, in the case of national trademarks, only an exclusive licensee entered in the register could pursue claims for trademark infringement on an equal footing with the proprietor. This has changed from 16 March 2019.

Some categories of goods, such as agricultural produce, foods and spirits, are valued by customers primarily because of the exceptional natural conditions of their town, region or country of origin, or because of their traditional production methods. Authorised producers use geographical indications for their products to underline this uniqueness.

Can an authorized retailer be prohibited from selling online or on a third-party online platform?

The advocate general at the Court of Justice has issued his opinion on parallel Schweppes trademarks functioning in different EEA countries and registered for separate proprietors.

In evaluating the likelihood of confusion when conflicting names in a foreign language look similar, the meaning and pronunciation of the words in that language should be considered.

Software licensing agreements often provide that the licence is granted for an unlimited time. But what does this mean in practice and what legal consequences does it exert?