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Thursday, 29 August 2013

Twin Peeks? The Peeks and the Cloppenburgs go head-to-head

The UK's Intellectual Property Office (IPO) has kindly reminded the IPKat that the Court of Justice of the European Union will soon have the joy of considering an appeal against a judgment of the General Court: in Case T-506/11 Peek & Cloppenburg. The appeal apparently relates to an opposed application to register as a Community trade mark the words 'Peek & Cloppenburg', which the applicant sought to register for goods in Class 25 and services in Class 35. Says the IPO:

"The grounds of the appeal are an alleged misinterpretation of the criterion 'confers ... the right to prohibit the use of a subsequent trade mark' and the concept 'of more than mere local significance'". 
The IPO adds that this case, which now carries the CJEU's reference number C-325/13 P, can be viewed on its website at -- but this is not in fact the case ["IPO folks, are you reading this?" asks Merpel]. All you get is a link to the Curia's page for the case which, since it hasn't been heard yet, offers no useful information at all. It wouldn't cost much to add a link to the appealed-against decision in Case T-506/11, would it?

Never mind, if you'd like to advise the British government whether to intervene in this contest between Peek & Cloppenburg (Dusseldorf) and Peek & Cloppenburg (Hamburg), you have until next Thursday, 5 September, to do so. Just email Policy here -- and say the IPKat sent you [Merpel remains puzzled by this whole dispute: wouldn't it be more sensible, rather than having Peek & Cloppenburg v Peek & Cloppenburg, to have both the Peeks on one side and both the Cloppenburgs on the other? Then there wouldn't be any problems at all].

Twin Peeks here and here (not for the prudish or the easily-offended; will suit most Australians, especially from Woolloomooloo)
Twin Peaks here and here
Twin Pekes here


Anonymous said...

Very good comment: how can two identical trade marks coexist in one country? Isn't that forbidden by the unfair business directive?

Jeremy said...

Says Anonymous@10.08 "how can two identical trade marks coexist in one country? Isn't that forbidden by the unfair business directive?"

Well, the UK has two identical trade marks coexisting for beer in Class 32. Would you like a BUDWEISER, or maybe a BUDWEISER would be more to your taste? Mind you, after 3 or 4 glasses, it is quite difficult to tell the difference.

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