Chanel loses trademark dispute against EUIPO over Huawei trademark

The Court of Justice of the European Union, General Court, recently lowered Chanel’s hopes of having a trademark belonging to Huawei Technologies Co., Ltd. invalidated. The court found that the trademarks (see below) are not similar, therefore there is no likelihood of confusion and that trademarks must be assessed as registered, regardless of their rotation […]

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BGH overturns established case law on proof of use in favor of plaintiff trademark owners

The interpretation and standardization of national law on the basis of European law requirements always brings uncertainties – and this is also the case in trademark law. For owners of German trademarks, however, thanks to the decision of the Federal Court of Justice of January 14, 2021 (Case No. I ZR 40/20) and the recently […]

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Competition in the monastery? Federal Patent Court picks Trademark Office’s decision apart

Authors: Martin Matzner, LL.M. (University of Turin)“Incomplete, contradictory, incomprehensible”: In a recent decision, the Federal Patent Court (BPatG) took the German Patent and Trademark Office (DPMA) to task with rather unflattering wordings. The reason for this was the trademark application “Kloster Scheyern”, which the DPMA had initially rejected. This particularly drastic case shows that some […]

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Rodríguez Rueda, S.C. Add New Practice Area Corporate Law to their IR Global Membership

Rodríguez Rueda, S.C., our exclusive Competition Law & Cannabis Advisory Member in Mexico, are pleased to announce the addition of Corporate Law to their IR Global membership. This new position adds further strength to their membership and offers support for fellow members in the area. If you have a requirement in this area, please get in touch […]

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CANNABIS UPDATE

As mentioned in our last Cannabis Update dated November 20, 2020, finally on January 12, 2021, Mexico issued the Regulations to the General Health Law regarding the Sanitary Control for the Production, Research and Medical Use of Cannabis and its derivatives (the “Regulations”). The General Health Law was amended in June 2017 precisely to regulate […]

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First a brief roll of thunder from the EP – now a surprising and sky clearing draft by the Commission. Updates on targeted advertising in the EU

The EU Digital Services Act is taking shape – with potential changes for the advertising industry. While voices from the European Parliament (“EP”) preferred a rather restrictive approach, the EU Commission, under the leadership of the responsible Commissioner Vestager, recently released a press release and the proposal for a “Regulation on a Single Market For […]

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10 Q&A’s related to Medical Cannabis in Germany (in English)

In this article you can expect a market overview of the medical use of cannabis in Germany.In particular, we discuss the legal situation, licensing and regulatory questions, distribution and, most recently, future business areas. 1. Is medical cannabis legal in Germany? In 2017, the German legislator amended national narcotic laws and other related provisions legalizing […]

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European Court of Justice: CBD is not a narcotic

On November 19, 2020 the Court of Justice of the European Union (C-663/18) issued a ruling on the question of whether a national ban on the marketing of cannabidiol (CBD) derived from the entire cannabis sativa plant and not only from its fibres and seeds is contrary to EU law. According to the now issued […]

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Cannabis Update

November 19th, 2020, Mexican Senate approved with 82 votes in favor, 18 against and 7 abstentions, the general terms of the Ley Federal para la Regulación del Cannabis (“Federal Law for the Regulation of Cannabis”), as well as certain amendments to the General Health Law and the Federal Criminal Code. The new bill creates the […]

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Framing: Is embedding of copyrighted content on a website allowed?

The Opinion of Advocate General Maciej Szpunar at the CJEU on the issue of permissible embedding of digital media on Internet sites. “The heroes of George Lucas’ Star Wars film saga were able to travel through ‘hyperspace’ faster than the speed of light using a ‘hyperdrive’. In a similar fashion, internet users can ‘travel’ through […]

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IR Global Member Bob Fishman Joins Cozen O’Connor

Bob Fishman, exclusive Bankruptcy Law and Cannabis Law member in Illinois and Delaware, has joined the Chicago office of Cozen O’Connor. Bob and seven of his colleagues join Cozen O’Connor from Fox Rothschild. Bob represents trustees, debtors, equity committees, secured and unsecured creditors, receivers and asset buyers, and litigants in various insolvency proceedings, including informal […]

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Karlsruhe Higher Regional Court: Tap tags need to be labeled as advertising

Are tap tags simply a private service for followers or are they hidden surreptitious advertising after all? In the case dealing with the Instagram posts by fitness influencer Pamela Reif, Karlsruhe Higher Regional Court has now confirmed that product links on images must be labeled as advertising. Source: REUTERS / POOL – stock.adobe.com German courts […]

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