IP
The dynamic growth of the entertainment industry has not escaped the attention of Czech lawmakers, who have decided to address this trend with an amendment to the Audiovisual Act. The objective of the amendment is to modernise and strengthen the competitiveness of the Czech audiovisual market intern
Football and law: Provisional action on video refereeing was in a legal “offside” position
While the record for the fastest goal in the history of the European Championship has already been set at EURO 2024, one of the fastest decisions in the world of patents, rejecting an application for a provisional measure, was made before the European Football Championship even started. Thanks to th
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
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