The team is joined by Guest Kats Rosie Burbidge, Stephen Jones, Mathilde Pavis, and Eibhlin Vardy, and by InternKats Verónica Rodríguez Arguijo, Hayleigh Bosher, Tian Lu and Cecilia Sbrolli.

Wednesday, 27 October 2004


The November 2004 issue of Sweet & Maxwell's monthly European Trade Mark Reports has now been issued, a little ahead of its cover date. This issue carries headnotes and full judgments in another 11 decisions, including the following decisions which appear in English for the first time:

* Esso SA v Association Geenpeace France and Internet Rf SA (Tribunal de Grande Instance de Paris): use of ESSO and E$$O on the Greenpeace website, in the context of that organisation's criticism of Esso's environmental policies, was a denominative use of Esso's mark that did not infringe (for another example of the use of E$$O on an anti-ESSO site click here ).

* SRIRIT Trade Mark (Patent Office, Poland): when considering the similarity of trade marks, the fact that two marks -- in this case SPIRIT and ESPRIT -- have the same conceptual meaning can be disregarded when those meanings are not apparent to ordinary Polish consumers.

* Immofinanz v Immofina (Supreme Court, Austria): comparison of trade names, for unfair competitionp purposes, requires consideration not only of their similarity but also of the question whether the claimant's name has acquired any secondary meaning.

* DORWIN Trade Mark (Turkish Court of Appeals): whether WIN and DORWIN too dissimilar for the proprietor of the well-known WIN mark to sustain an application to oppose the DORWIN application.

Remember: if you have, or know of, a really interesting European trade mark case that you feel should be reported in the ETMR, just let the IPKat know.

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