IP
Counterfeiting and unauthorized access to authentic products are growing problems that brands across all industries are grappling with. It goes beyond importation of fake handbags and sale of counterfeit paintings falsely attributed to famous artists. The EUIPO has published a clear guide on the ACA
When even the BMW trade mark is not enough?
BMW has once again found out before the Czech courts that its trade marks are not all-powerful. The appellate courts did not grant BMW protection under its trade mark on the ground of the limitation of its effects.
Where creativity and parody conflict with commercial interests: What are the statutory limits?
Satire has been a social phenomenon since ancient Greece. And yet, we lawyers have not been able to agree on exactly where the boundaries are for engaging in lawful conduct and infringing on someone else’s rights. This space is explored with every new dispute, every new court decision, and every new
“Dog eat dog”: Pablo Escobar v. Al Capone
There is no criminal like Pablo Escobar. This is how one could summarise the decision of the European Court of Justice of 17 April 2024, upholding the decision of the Board of Appeal of the European Union Intellectual Property Office to refuse the application for the European trade mark "Pablo Escob
Challenges of Trademark Registration in the USA - What to Prepare For
The majority of clients who approach us for assistance in filing a trademark application are, of course, most interested in protection of their trademark in the Czech Republic, Slovakia or the European Union. Another popular trademark "destination" is the USA. However, be prepared that this is a ver
Coexistence agreements: Yes or no?
Coexistence agreements are one of the options that two owners of similar or identical trademarks have in a situation where they want to agree on how to (co-)exist together not only on the market but also in trademark registers. But can you really be sure that a coexistence agreement gives you a guar
Four stripes, still adidas
You know the slightly ironic saying “More stripes, more adidas”? I’m sure you do... And the Czech courts know it too! So well, in fact, that it made it into the reasoning of a judgment. If you want to know the outcome, read the article commenting on the court battle of the stripes.
BMW failed to enforce it´s trademark right in the Czech republic
Bayerische Motoren Werke (BMW) has recently found out in the Czech Republic that even the most famous trademarks (international and EU trademarks) in the automotive industry do not enjoy absolute protection. In fact, the Czech courts ruled against BMW in a dispute with an independent specialised dea
A physical marketplace and online marketplace are equal, at least in connection with IP infringement
In January this year, the Czech Supreme Court ruled that a physical marketplace is, from the perspective of intellectual property rights, equal to an online marketplace. It follows from the judgment that if a tenant has infringed intellectual property rights and such infringement is confirmed by a f
Unitary patent vs. Czechia and Slovakia – What is (not) changing for foreign proprietors of european patents?
As of 1 June 2023, the unitary European patent system has come into effect. With it, a brand-new institution – a Unified Patent Court (UPC) – will start its activities. It is the biggest change in the area of patents in decades. Many speak of a European patent revolution. However, not all EU countri
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