Tag Archives: CJEU

When appealing bears fruit: Pear Technologies v EUIPO – Apple

Are apples different from pears? Or are they both just fruit? Or, as cockney rhyming slang would have it, are they stairs? These are the questions (excepting the last one) that the distinguished judges of the Court of Justice of the European Communities (CJEU) have been gr-apple-ing with in the recent case of Pear Technologies v EUIPO – Apple [2019] EUECJ T-215/17. Aside from offering opportunities for highly amusing wordplay, this recent decision includes some useful guidance on the CJEU’s approach to the visual and conceptual comparison of signs in trade mark disputes.

Read more

Read full article
ILN Today Post

LUXURY GOODS NO LONGER AVAILABLE ONLINE (?), OR PROHIBITION OF ONLINE SALES IN EU?

“So they´ve restricted our online sales”. This could be a paraphrase of the well-known first line of the famous Czech novel The Good Soldier Schweik, and one that summarises the judgment of the Court of Justice of the European Union (CJEU) in a dispute between the luxury cosmetics manufacturer “Coty Germany GmbH” (Coty) and one of its distributers “Parfümerie Akzente GmbH” (Akzente) 1 , regarding the fact that Coty prohibited Akzente, as one of the members of the selective distribution network operated by Coty, from selling cosmetic products considered by Coty as luxurious, through online platforms of third parties (the “amazon.de” platform in this case) (the “Judgment”). In times when the European Commission punishes any restrictions of online sales, this Judgment is essential, even though not quite surprising.

Read more

Read full article