The July-August 2004 issue of the Sweet & Maxwell series The European Trade Mark Reports has now been published. Packed with 190 pages worth of recent trade mark judgments from European national and EU sources, it features two decisions that are available in English for the first time:
* Kellogg's/Kelly's (Bundesgerichtshof, Germany): a consequence of unification of Germany, when suddenly the West German KELLOGG'S and East German KELLY'S trade marks found themselves together on the same register.
* Lego System A/S v Mega Bloks Inc (Swiss Federal Court, Lausanne): whether the LEGO three-dimensional block shapes are (i) devoid of distinctive character or (ii) functional.
This issue also contains the controversial appellate judgment of Lord Justice Jacob in Reed v Reed, in which doubt is cast upon some cherished assumptions relating to the assessment of damages for infringement on a "willing licensor/willing licensee" basis.
If you know of any cases that you think should be reported in the ETMR, please email the IPKat and let him know.
Monday, 28 June 2004
Posted by Jeremy at 17:07:00