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Evidence Of Parasitic Intent Not Unfounded: L’Oreal

Advocate General Mengozzi delivered his opinion to the European Union’s Court of Justice (ECJ), on February 16 2012, denying the Appeal sought by Helena Rubenstein SNC and L’Oreal SA concerning the Community trademarks BOTOLIST and BOTOCYL. Botox was registered as a word mark from 1991 to 2003 for goods in Class 5 of the Nice [...]

Posted in Famous Marks, Trademarks
Comments 3

Spanish Trademark Ruling Has One Side Happy, Other Side Seeing Red

Mark Bowman is a JD candidate at Osgoode Hall Law School. The Courts of Appeals of Barcelona have dismissed an appeal by the Red Cross concerning the trademark infringement of the logo of the candy company Happy Pills. As reported by the Spanish website elPeriódico.com, the court rejected the Red Cross’s argument that the candy [...]

Posted in European Union, Famous Marks, Trademarks
Comments: 0

Flower Powers – ECJ Rules On Interflora v Marks And Spencer

Ben Farrow is a JD candidate at Osgoode Hall Law School. On September 22, 2011, the European Court of Justice handed down a judgement on a series of trade mark related questions spurred by the long running dispute between international flower delivery network Interflora and English retailer Marks and Spencer. The case stemmed from a [...]

Posted in Domain Names, European Union, Famous Marks, IP, Technology, Trademarks
Comments: 0

Same Bat Marks, Same Batmobile – And That’s the Problem

Brent Randall is a JD candidate at the University of Ottawa. DC Comics, owner of the Batman character, filed a lawsuit on May 6, 2011, alleging infringement of its copyright and trade-mark rights over the Batmobile.  The suit, filed in California, alleges that the named defendant, Mark Towle, is selling imitation Batmobile vehicles as well [...]

Posted in Copyright, Famous Marks, Infringement, Trademarks
Comment: 1

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