Langsung ke konten utama

When A Merchandise Rate Gets Inward A Pickle

Bjornekulla Fruktindustrier Aktiebolag v Procordia Food Aktiebolag Case C-371/02 (blogged past times the IPKat, xiii November) was a reference to the European Court of Justice for a preliminary ruling past times the Svea Hovratt, Sweden, on an appeal from the Stockholm District Court (reported inward [2002] ETMR 464). Swedish fellowship Procordia owned the BOSTONGURKA merchandise rank for chopped pickled gherkins. Another Swedish company, Bjornekulla, which produced pickled gherkins, picked beetroot together with similar items, sought revocation of the BOSTONGURKA mark, claiming it had lost its distinctive graphic symbol together with was right away a generic term for chopped pickled gherkins. To back upwards its argument, Bjornekulla submitted 2 consumer studies which showed that the bulk of persons interviewed believed that the term "Bostongurka" could survive freely used to depict whatever construct of pickled chopped gherkins. Procordia submitted its ain report, based on the trade, showing that one-half of those interviewed recognised the BOSTONGURKA rank every bit a merchandise rank for pickled chopped gherkins. The revocation adapt was dismissed since Bjornekulla failed to present the rank had lost its distinctive character. Bjornekulla appealed: if the public's perception of the rank was decisive inward assessing whether a rank could survive registered together with whether a opportunity of confusion probable to institute the infringement of the rank existed, the same was truthful for revocation. Procordia disagreed: the relevant public, it said, consisted of those involved inward the marketing of the product. The courtroom so decided to remain proceedings together with referred the interrogation to the ECJ.

In his Opinion, Advocate General Leger advised the ECJ that Article 12(2)(a) of the harmonisation directive, Directive 89/104, requires that, inward guild to determine whether a rank had instruct a mutual cite inward the marketing of a production for which that rank was registered, together with then that its possessor was at opportunity of losing his rights over that mark, a global appreciation had to survive made both from the indicate of stance of the consumers or halt users every bit from the viewpoint of the businesses which marketed those goods or services.

If this Opinion is accepted past times the ECJ, the IPKat is curious to know how case courts volition apply it inward situations inward which, both with consumers together with inward merchandise circles, at that spot is but about identification of the disputed rank every bit beingness a merchandise rank but the preponderant bulk inward each example regard it every bit a generic term.

Advocate General Leger's Opinion here in French, German, Italian, Portuguese together with Finnish
Original BOSTONGURKA gherkins here
Other pickled gherkins here, here and here


Komentar

Postingan populer dari blog ini

Neither Snot Nor Spinach

raised a furore terminal calendar week when he told Ilanah’s favourite joke (“Do Trade Marks Get Up Your Nose?”, viii December). In an urgent endeavour to construct amends past times telling a joke inwards somewhat ameliorate taste, he is pleased to convey you lot a tale which masquerades equally a truthful even out (sub nom. “Actual Australian Court Docket 12659: the Case of the Pregnant Lady”). The story, which has genuinely been doing the rounds on the meshing for some time, goes equally follows: A lady most viii months important got on a bus. She noticed the homo reverse her was smiling at her. She straight off moved to some other seat. This fourth dimension the grin turned into a grin, as well as so she moved again. The homo seemed to a greater extent than amused. When, on the 4th move, the homo outburst out laughing, she complained to the driver as well as he had the homo arrested. The representative came upwards inwards court. The gauge asked the homo (about twenty years o...

Latest Mip

The June 2005 effect of Euromoney's monthly Managing Intellectual Property magazine has a particular focus on Mexico. is pleased to come across United Mexican U.S. of A. inward the spotlight, non because he likes buying counterfeit handbags inward Tijuana simply because that province has grown upwards tremendously inward the yesteryear decade in addition to has buy the farm strategically pregnant jurisdiction amongst growing consumer in addition to manufacturing bases. Also inward this effect are * "Japanese Companies Fight for their IP Rights", on the tendency for Japanese businesses to essay relief through the litigation than through to a greater extent than discreet, traditional means, yesteryear Lloyd Parker, Andrew Cobden in addition to Yukihiro Otani of Lovells' Tokyo office; * Paul M. Booth in addition to Leslie Mooi ( Heller Ehrman ) await at due diligence points that should last borne inward heed earlier investing inward a life scientific discipline company;...

Music To Your Ears

here ). Use your loaf US songster Meat Loaf is having a topographic point of merchandise grade problem AXcess News reports . Jim Steinman, author of lyrics on Meat Loaf’s ‘Bat Out of Hell’ as well as ‘Bat Out of Hell II’ albums has registered BAT OUT OF HELL equally a merchandise grade inwards the US. Steinman as well as Meat Loaf bring fallen out, as well as straightaway Meat Loaf has brought an activeness concerning the merchandise grade inwards the Los Angeles District Court. notes that merchandise marks for vocal titles are actually rather tricky. Even if you lot cope to become one, it’s unclear whether you’ll endure making role of it inwards a means that tin give notice cease the grade from beingness revoked (in the European Union at least) as well as it’s unclear whether role inwards third-party vocal lyrics would endure role of a sort that would infringe.