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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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