Rosie Burbidge
There are no limits to trade mark invalidity counterclaims
In its latest trade mark judgment, the EU Court of Justice has ruled that a counterclaim for invalidity of an EU trade mark (EUTM) is not li
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Rosie Burbidge
May 26, 20234 min read
Can you trade mark a colour as applied to a product?
Glaxo has finally achieved a qualified victory in its attempt to secure trade mark protection for the color purple as applied to an inhaler.
Rosie Burbidge
Nov 24, 20222 min read
When is a design solely dictated by technical function?
When is a registered design “solely dictated by its technical function”? And how relevant is the existence of a prior patent?
Rosie Burbidge
Oct 28, 20223 min read
How connected are infringement and invalidity actions?
The Court of Justice of the EU has ruled on an interesting but unusual question, namely: can an EU trade mark court rule on the validity...
Rosie Burbidge
Sep 29, 20223 min read
When is a product a component part of a complex product?
The Advocate General (AG) of the EU Court of Justice (CJEU) has addressed one of the thorny issues in EU design law in a case involving a...
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