Martínez Albainox, SL, v EUIPO. Case T‑341/19. General Court. 28 May 2020On 28 May 2020, the General Court rejected Martínez Albainox, SL’s (“the Applicant’s”) appeal from a decision of the Fourth Board. The General Court found that the Applicant’s registration for a figurative mark including the word TASER (“the contested mark”) was likely to be...
Read morePrimus decision demonstrates potential scope of opposition under Article 8(5)
Novomatic Ag v. EUIPO (Case T-669/19); Judgment of the General Court 9 September 2020At first blush it may not be apparent that a mark registered for a local beer could be the basis of a successful opposition under Article 8(5) of Regulation 2017/1001 for an identical mark for casino and gaming items. This General Court...
Read moreThe Online Safety & Media Regulation Bill 2019
In 2019 we published an update on the Audiovisual Media Services Directive (“the AVMSD”). Suffice it to say that it has not been implemented by the required September 2020 deadline. However, the Irish Government has recently published a general scheme for the Online Safety & Media Regulation Bill 2019.The main provisions in the General...
Read moreProgress of Implementation of Copyright Directive in Ireland
In a previous edition we discussed the Copyright Directive or DSM Directive in particular in relation to article 17 (see here). Since our last article, three political parties have formed a government in Ireland with a heavily negotiated Programme for Government acting as a blueprint for the government sitting for the next 5 years....
Read moreOpening Up The Market For Generic Versions Of Truvada In Ireland
Last year we reported on the first limb of this litigation, being the unsuccessful application by Gilead for interlocutory injunctive relief to prevent generic versions of the Truvada product from being sold in the Republic of Ireland. Since then generic products have been on the market and the substantive stage of the litigation took place...
Read moreGeneral Court’s Multiplus decision
General Court’s MULTIPLUS decision highlights status to be accorded to national registrations in opposition proceedings
- Sona Nutrition opposed the registration of figurative marks containing the element ‘multiplus’ in Class 5 based on the earlier Irish mark MULTIPLUS in the same class;
- The Board of Appeal found that ‘multiplus’ was devoid of distinctive character and, therefore,...