tag:blogger.com,1999:blog-5574479.post7195060780069089451..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: No fudge? General Court deals with warring chocolate cowsVerónica Rodríguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-5574479.post-37381119469604451052014-05-07T11:55:37.643+01:002014-05-07T11:55:37.643+01:00It looks like the General Court has dodged LiBRO a...It looks like the General Court has dodged LiBRO and interpreted it in light of Specsavers. Here's the key paragraph from this decision, para 39. I'm not particularly convinced!<br /><br />"The judgment of 18 June 2009 in Case T‑418/07 LIBRO v OHIM — Causley (LiBRO), not published in the ECR, which the applicant refers to in the reply and in which it is stated that ‘[the protection of an] earlier mark [which] does not designate any specific colour … also extends to combinations of colours’ (paragraph 65), may be interpreted as meaning that if a Community trade mark is not registered in a specific colour, the proprietor of the mark may use it in a colour or a combination of colours and obtain for it, as the case may be, protection under the relevant applicable provisions, in particular if that colour or combination of colours has become, in the mind of a significant portion of the public, that associated with that earlier mark through the use which its proprietor has made of it (see, to that effect, Specsavers International Healthcare and Others, cited at paragraph 38 above, paragraph 41). That does not, however, mean, contrary to what the applicant maintains in its written pleadings, that the registration of a mark which does not designate any specific colour covers ‘all colour combinations which are enclosed within the graphic representation’."Darren Mealehttps://www.blogger.com/profile/17241082616098447019noreply@blogger.com