Category Archives: Trademarks & Design

Google’s AdWords. Using someone else’s trademark is unlawful

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In order to be at the top of the results of a search engine, many undertaking s do not hesitate to use sponsored wordings which correspond to competitor’s trademarks as keywords. This bad habit comes from a basic error: thinking that since the words used as keyword are invisible at the exterior, this is not […]

A new CJEC’s judgement on comparative advertising

Carrefour

With the Carrefour judgement of February 8, 2017 (case C-562/15), the Court of Justice of the European Communities (CJEC) gave its judgment on comparative advertising, indicating, for the first time, the limits within which companies can advertise comparing their own prices to those of the competitors concerning the same products. In particular, the case submitted […]

Samsung Vs. Apple and how to quantify the damages

The 6th December 2016 the Federal Court of the US issued a new important decision concerning the Apple-Samsung Saga. In 2012, Apple won a lawsuit against Samsung for the violation of a number of utility models patents and of designs in addition to the competitive damage by “dilution” caused by Samsung for the imitation of […]

Secondary Meaning: It’s possible to record as a brand a word of generic use

It’s possible to record as a brand a word of generic use if following the use has purchased a distinctive character. A mark without a distinctive ability can subsequently acquire it because of the elevated commercial diffusion and of the activities of publicizing that can radically turn the distinctive perception of the sign into the […]

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