Trademarks & Domain Names

On 1 April, the European Commission announced the launch of eAmbrosia, a public database of registered and pending geographical indications.

US TV network HBO has failed in its attempt to oppose the registration of ‘Game of Vapes’, after the UKIPO disagreed with its argument that the similarity of the vaping brand name was likely to cause confusion with the well-known TV series Game of Thrones.

Social media channels, such as Instagram, Facebook and Twitter, are overtaking online auction sites as the biggest online platforms for counterfeit activity.

Alcoholic and non-alcoholic drinks found to be sufficiently distinct for ‘Iceberg’ trademarks to be allowed to co-exist.

The number of countries and regions joining the international system for trademark registration on the basis of the Madrid Agreement and its Protocol, continues to grow, with Canada the latest country to deposit an instrument of accession at WIPO.

The ruling follows years of uncertainty for tonic water brands, as a result of the introduction of EU nutrition and health claim regulations, designed to prevent food and drink products from implying positive health benefits.

The UK’s dairy industry has objected to the use of the word ‘cheese’ by Vegan cheesemonger La Fauxmagerie, which opened in London last month, citing EU rules requiring products marketed as ‘milk’, ‘cheese’ and ‘butter’ to include dairy.  

Despite the apparent blow previously delivered by the CJEU to holders of geographical indications, Hamburg's Regional Court has found in favour of the Scotch Whisky Association in its dispute over use of the term 'Glen'.

Brand owners have long complained about the ease with which counterfeiters are able to sell fake goods in online sites such as Amazon. Now, the retailer has announced plans to introduce serial numbers and improve automatic detection to curb such sales.

The amended Benelux Convention on Intellectual Property (BCIP) came into force on 1 March, bringing Benelux trademark law in line with the EU Trade Mark Directive. Among other changes, it introduced new opportunities for the registration of non-conventional trademarks, such as multimedia or motion marks.

The producers of the popular TV series have sent a cease and desist notice to the owners of an unofficial Peaky Blinders-themed bar in Manchester, UK.

EU trademarks ‘with reputation’ enjoy a broader scope of protection under EU trademark law. Timo Buijs examines this doctrine in light of the recent conflict between ‘Spa’ and ‘Spaaq’, as well as what happens when trademarks become so well known as to risk becoming generic.