Issue 10 (October 2003) of the subscription-based European Trade Mark Reports has now been published. Among the cases made available in English translation are
• System 3R International v Erowa, where the Stockholm District Court ruled that a company’s use of another’s trade mark for allegedly “descriptive” purposes was not honest commercial use where the “description” was as part of its own trade mark;
• The Polish Administrative Court’s “Bottle” case, where it held that the invalidation of a design registration had no impact on the validity of the registration of that design as a trade mark;
Other cases reported in this issue include the English Court of Appeal decision in Arsenal v Reed , the ECJ’s ruling in Van Doren on the burden of proof when exhaustion is pleaded and the same court’s ruling in Linde as to whether three-dimensional products can be trade marks for themselves.
If there any interesting European cases you’d like to see made available in English in the ETMR, click here to alert the IPKat.
• System 3R International v Erowa, where the Stockholm District Court ruled that a company’s use of another’s trade mark for allegedly “descriptive” purposes was not honest commercial use where the “description” was as part of its own trade mark;
• The Polish Administrative Court’s “Bottle” case, where it held that the invalidation of a design registration had no impact on the validity of the registration of that design as a trade mark;
Other cases reported in this issue include the English Court of Appeal decision in Arsenal v Reed , the ECJ’s ruling in Van Doren on the burden of proof when exhaustion is pleaded and the same court’s ruling in Linde as to whether three-dimensional products can be trade marks for themselves.
If there any interesting European cases you’d like to see made available in English in the ETMR, click here to alert the IPKat.
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