Reports of Trade Mark Cases for CIPA - August 2018

By Katharine Stephens, Hilary Atherton, Emma Green, Aaron Hetherington, Rob Milligan, Rebekah Sellars, Ciara Hughes, Mark Livsey, Louise O'Hara, Charlotte Peacock, Ning-Ning Li, Christine Danos, Francesca Rivers, Thomas Pugh,


This month we report on the GC's decision in Red Bull GmbH (supported by Marques) v EUIPO, Optimum Mark sp. z o.o. in which it held that the combination of two colours was insufficiently precise to be registered as a trade mark, despite the fact that the marks had been registered on the basis of acquired distinctiveness through use. We also report on the Supreme Court's decision in Cartier International AG & Ots v British Telecommunications Plc & Anr concerning costs of website blocking orders.

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