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Intellectual Property & Anti-CounterfeitingNews

Trademarking Shape-Colour Combinations: The CJEU Pronounces Itself on Christian Louboutin’s Famous Red Sole

Some readers may be familiar with the 2011 case filed by Mr. Louboutin against fashion giants Yves Saint Laurent over the former's US trademark registration for his famous red sole.Here is one of the more well-known representations of the mark, as filed with trademark authorities the world over: The New York District Court, adopted a view to which fashion lovers might be more inclined – namely that:"The law should not countenance restraints that would interfere with creativity and stifle competition by one designer, while granting another a monopoly invested with the right to exclude use of an ornamental or functional…
Jonathan Tonna
19th June 2018
Intellectual Property & Anti-Counterfeiting

Funny Business – Intellectual Property Law Through the Prism of Comedy

Anybody with an acute sense of justice knows what intellectual property is, yet I daresay many IP lawyers can probably relate to the unique sense of embarrassment which typically follows that all too familiar question:"So … what do you do for a living?"Now, you know what comes next for Mr. IP Attorney - the strained beginnings of a response, the awkward backtrack and pause as he tries to squeeze out some brief, accurate yet comprehensible answer to the common follow-up question:"What is Intellectual property?"The problem is of course aggravated by the fact that the most basic of questions often becomes…
Jonathan Tonna
8th May 2018
Intellectual Property & Anti-Counterfeiting

Funny Business – Intellectual Property Law Through the Prism of Comedy

Anybody with an acute sense of justice knows what intellectual property is, yet I daresay many IP lawyers can probably relate to the unique sense of embarrassment which typically follows that all too familiar question:"So … what do you do for a living?"Now, you know what comes next for Mr. IP Attorney - the strained beginnings of a response, the awkward backtrack and pause as he tries to squeeze out some brief, accurate yet comprehensible answer to the common follow-up question:"What is Intellectual property?"The problem is of course aggravated by the fact that the most basic of questions often becomes…
Jonathan Tonna
8th May 2018
Intellectual Property & Anti-Counterfeiting

Messi Wins: EU Court Rules No Potential Conflict Between “MESSI” and “MASSI” Trademarks

In a decision issued yesterday morning, the General Court of the CJEU (EGC) approved the registration of a logo consisting of a shield motif with the letter "M" blazoned across the front, sitting on top of the letters "M-E-S-S-I".The application for the logo was filed by one Lionel Andrés Messi in August 2011. Messi's trademark was shortly thereafter opposed by Mr. Jaime Masferrer Coma, the previous owner of the trademark "MASSI" (the mark has since been assigned to the company J.M.-E.V. E HIJOS, S.R.L.). For six and a half years Mr. Messi had been engaged in a legal battle with…
Jonathan Tonna
27th April 2018
Intellectual Property & Anti-Counterfeiting

Messi Wins: EU Court Rules No Potential Conflict Between “MESSI” and “MASSI” Trademarks

In a decision issued yesterday morning, the General Court of the CJEU (EGC) approved the registration of a logo consisting of a shield motif with the letter "M" blazoned across the front, sitting on top of the letters "M-E-S-S-I".The application for the logo was filed by one Lionel Andrés Messi in August 2011. Messi's trademark was shortly thereafter opposed by Mr. Jaime Masferrer Coma, the previous owner of the trademark "MASSI" (the mark has since been assigned to the company J.M.-E.V. E HIJOS, S.R.L.). For six and a half years Mr. Messi had been engaged in a legal battle with…
Jonathan Tonna
27th April 2018
Intellectual Property & Anti-Counterfeiting

Messi Wins: EU Court Rules No Potential Conflict Between “MESSI” and “MASSI” Trademarks

In a decision issued yesterday morning, the General Court of the CJEU (EGC) approved the registration of a logo consisting of a shield motif with the letter "M" blazoned across the front, sitting on top of the letters "M-E-S-S-I".The application for the logo was filed by one Lionel Andrés Messi in August 2011. Messi's trademark was shortly thereafter opposed by Mr. Jaime Masferrer Coma, the previous owner of the trademark "MASSI" (the mark has since been assigned to the company J.M.-E.V. E HIJOS, S.R.L.). For six and a half years Mr. Messi had been engaged in a legal battle with…
Jonathan Tonna
27th April 2018