Rendering of Accounts for Trademark Infringement

A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the running of the bar and all … >> read more

11.02.2019

Change of the start of the 10-year term of protection of Austrian trade mark applications

As a result of the implementation of some provisions of the European Trade Mark Directive (https://eur-lex.europa.eu/legal-content/DE/TXT/HTML/?uri=CELEX:32015L2436&from=DE), Sec 19 Austrian Trade and Service Marks Law (MSchG), according to which the 10 years of protection are to be calculated from the end of the month in which the trade mark was registered, was amended accordingly. Starting with … >> read more

02.08.2018

Conflict between foreign language trademarks

This case is a dispute between two Turkish traders in foodstuffs in Austria. It is a case of trade mark opposition proceedings so that only the registered goods count and not the market fact that these food products are all “halal” (that is, according to Islamic food rules) since this is not reflected in the … >> read more

20.09.2017

Supreme Court confirms Fair use is devoid of distinctiveness

The case reported here concerns the application for registration of a figurative mark containing the word element “FairUse” in relation to print media (class 16), services in class 35 (computer databases, computer networks), class 38 (electronic communication) and class 41 (online publication of electronic newspapers). The Austrian Patent Office and the appeal court both denied … >> read more

21.02.2017

Earth Wind & Fire

Earth Wind & Fire is the name of a music band founded in 1965 by the drummer Maurice White. Since 1975 that formation has celebrated worldwide successes and earned Grammys and gold- and platinum albums. The band became famous also in Austria and was famous at the time of priority (2003) of the attacked trade … >> read more

16.11.2016
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