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Thursday, 15 December 2005


The IPKat is a tortured Kitty. 4 lovely new IP cases on the ECJ website but 3 of them are only in French. These are BIC v OHMI (Forme d'un briquet à pierre), BIC v OHIM (Forme d'un briquet électronique) and RB Square Holdings Spain v OHIM - Unelko (clean.x) (an opposition that appears to involve an earlier mark containing the word CLEN, and not KLEENEX as the IPKat had suspected). All are CFI decisions.

One decision that has made it into English is the Advocate General’s decision in VITAFRUIT. He gives short shrift to the appellant, Sunrider’s contention that the CFI had incorrectly analysed the issues of genuine use and similarity of goods under Art.8(1)(b) CTMR. He has recommended that the ECJ dismiss the appeal, largely because many of Sunrider’s arguments involve revisiting the facts, rather than highlighting errors on law on the part of the CFI. The IPKat says, when will parties learn that it’s a waste of time to try to get the ECJ to second-guess the CFI on the facts?

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