Background Home Box Office, Inc. (HBO), the owner of the trademark “GAME OF THRONES,” contested the registration of the mark “GAME OF DÖNER” before the Opposition Division (OD) of the European Union Intellectual Property Office (EUIPO), arguing that it should be...
Background VIP Products have been producing an array of parody dog toys in humorous shapes, including their Jack Daniel’s Whiskey shaped ‘Bad Spaniels’ dog toy, shown below. In 2014, Jack Daniels sent VIP Products a Cease and Desist letter against the use of...
In order to obtain a patent, an invention must meet various criteria. One of the most important criteria is novelty, meaning that an invention must not be publicly disclosed before the patent application was filed. Disclosure may take many forms and includes...
Background The subject CJEU referral stems from an action brought before the Swedish national court by BSH Hausgeräte GmbH (‘BSH’) against Electrolux AB (‘Electrolux’) seeking an injunction and damages with respect to the unlawful use of their invention protected by...
Specifically, the closest prior art in this case taught that a higher concentration of a particular component of the composition was advantageous. The Patentee attempted to argue that the claimed composition was inventive over the art on the basis that the same...
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