May ETMRWith impressive efficiency law publishers Sweet & Maxwell have published the May 2006 issue of the European Trade Mark Reports more than a fortnight before the cover date (well done!). Cases made available in English in this issue are
* Adidas Salomon AG v Nike International (Cologne Higher Regional Court, Germany) - Nike's use of a two-stripe motif on sportswear together with its own famous 'swoosh' trade mark infringed adidas' three-stripe mark because it was still capable of confusing consumers as to the origin of their goods.The other cases in this issue include the European Court of Human Rights decision that Portugal had not infringed Anheuser-Busch's right to its possessions by disallowing an application to register the word BUDWEISER as a trade mark.
* Adidas Salomon AG v Dolce & Gabbana Germany GmbH (Munich Higher Regional Court, Germany) - use by D&G of a two-stripe motif, together with its own trade mark, was not a mere embellishment but would be seen by consumers as use as a trade mark.
* Adidas Salomon AG v Gruppo Coin, Oviesse (Court of Rome, Italy) - an interesting case, also involving three-stripe v two-stripe motifs - that deals with the capacity of subsidiaries and holding companies to sue and be sued for trade mark infringement and unfair competition.
* Pepsico Inc v Coca-Cola (District Court, The Hague, Netherlands) - Pepsi's application for interim injunctive relief against the sale of the ipsei soft drink is refused, the judge being most unimpressed at the market survey evidence.
The IPKat reminds you that, if you're going to be attending this year's International Trademark Association (INTA) 128th Annual Meeting in Toronto from 7 to 10 May, you can pick up a complimentary copy of the ETMR and also say hello to the publishers - Sweet & Maxwell will be exhibiting in the Thomson section of the Exhibit Hall.
April Copyright World
The April 2006 issue of Informa's Copyright World has a jolly good piece in it by a duo from CMS Hasche Sigle in Hamburg: partner Jens Wagner and associate Daniel Kappes review the way different countries handle counterfeits at the point at which they enter the EEA. There's a really neat table, too, with at-a-glance comparisons of the way things work in Austria, Belgium, Switzerland, the Czech Republic, Spain, Germany, Italy, the Netherlands, Poland and the UK. So, the IPKat says (only in jest) if you're importing fakes into Europe, this is where you find your "best buy" jurisdiction for importation ...
Also of interest in this issue is another German-based feature, this time by Jan Pohle (Taylor Wessing's Dusseldorf office) on commerce in used software licences under a German law in the light of the Oracle v usedSoft decision of the Munich Landgericht this January.