Tapestry
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BMW Protects Its Distinctive Identity: ‘BMV’ Application Refused
On 19 May 2025, the EUIPO’s Fifth Board of Appeal confirmed the refusal of the trade mark application for ‘BMV’, filed by Victron Energy B.V. for battery monitors in Class 9. The Board upheld BMW’s opposition under Article 8(5) EUTMR. While the goods are not identical, the Board found that the similarity between the signs,…
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Prada’s Opposition to ‘JIU JIU’ Fails: A Lesson in Local Trademark Protection
On 31 March 2025, the Taiwan Intellectual Property Office (TIPO) rendered a surprising decision by dismissing an opposition by Prada Group to the ‘JIU JIU’ trademark registration owned by Taiwanese company Dijia Co., Ltd. The trademark ‘JIU JIU’, designated for skincare and cosmetics products in Class 3 goods, was challenged by Merchant Pride Co., Ltd…
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Pattern Trademarks in Fashion: Proving Distinctiveness Beyond Design
In fashion, a strong design is a valuable asset. But beyond aesthetics, the real test lies in whether that design can hold up in court. Pattern trademarks are intended to protect specific design configurations that help a brand stand out, but securing protection is often a complex and uncertain process. While Bottega Veneta succeeded in…
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Patek Philippe Opposition Fails: EUIPO Finds No Likelihood of Confusion
On 11 April 2025, the EUIPO Opposition Division rejected an opposition brought by Patek Philippe against a figurative trade mark featuring two stylised letters ‘PP’. The Swiss luxury watchmaker alleged a likelihood of confusion with its own figurative ‘PP’ shield marks. However, the Office concluded that the visual differences between the signs were sufficient to…
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Decanting the Details: Chianti Trademark Case
On April 16, 2025, a significant ruling was issued by the Second Board of Appeal, concerning a dispute between the Consorzio Vino Chianti and the Consorzio Vino Chianti Classico. This case is notable not only for its implications within the wine industry but also for the broader context of trademark law as it pertains to…
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Dr. Martens v. Shein: Dr. Martens returns to court in a post-settlement trademark dispute
On 2 May 2025, the United States District Court for the Northern District of California issued an order in Airwair International Ltd v. Zoetop Business Co. Ltd allowing key claims to proceed in a trademark dispute involving the Dr. Martens brand and Shein. The decision follows Airwair’s allegations that Zoetop, Shein’s parent company, breached a…
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Louis Vuitton Secures Dismissal of Pocket Socks’ Claims in Trademark Dispute
On 29 April 2025, the United States District Court for the Southern District of California granted Louis Vuitton North America, Inc.’s motion to dismiss all claims brought by Pocket Socks, Inc. The court found that the complaint lacked sufficient factual detail to establish a realistic likelihood of consumer confusion and failed to define the claimed…
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Scentologia vs. Scentology: UKIPO’s Analysis of Visual, Aural, and Conceptual Similarity
On 17 April 2025, the UK Intellectual Property Office issued its decision in the opposition proceedings brought by Inensa SA against GDS Prestige (FZC)’s application to register the mark Scentologia. The opposition was based on Section 5(2)(b) of the Trade Marks Act 1994, relying on Inensa SA’s earlier registered mark Scentology. This article outlines the…
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Levi Strauss v. Gear Up International: Use of Curved Line Device Would Take Unfair Advantage of Levi’s Mark
On 29 April 2025, the EUIPO issued its decision in Levi Strauss & Co v. Gear Up International Ltd, partially upholding Levi Strauss’s opposition to a figurative trade mark application filed by Gear Up. The contested sign, consisting of two curved lines converging at a pointed centre, was found to create a mental association with…
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COCO v. COCOSTEAM: Chanel Wins EUIPO Opposition
In a decision dated 14 April 2025, the Opposition Division of the European Union Intellectual Property Office (EUIPO) upheld Chanel’s opposition against the European Union trade mark application for COCOSTEAM. The decision provides a clear application of the fundamental principles governing the assessment of likelihood of confusion under Article 8(1)(b) EUTMR, particularly where an earlier…
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Rolex v. Laulex: Reputation as a Basis for Refusal
On 7 February 2025, the EUIPO Opposition Division upheld an opposition filed by Rolex S.A. against a figurative European Union trade mark (EUTM) application for “Laulex”, rejecting the application in its entirety under Article 8(5) EUTMR. This decision confirms the strength of reputation-based protection within EU trade mark law and illustrates the threshold at which…
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POLO v. POLO REALE: A Closer Look at the EU Trademark Opposition
On April 7, 2025, the Opposition Division of the European Union Intellectual Property Office delivered a significant ruling in a dispute between The Polo/Lauren Company L.P., the renowned American luxury brand, and Prime Cotton FZ-LCC from the UAE. The opposition concerned trademark application No 18 979 833 for the ‘POLO REALE’ figurative mark. This ruling…
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Lost International v. Lady Gaga: A Trademark Infringement Dispute over “Mayhem”
The case of Lost International v. Lady Gaga, pending before the United States District Court for the Central District of California, centres on allegations of trademark infringement involving the use of the mark “Mayhem.” The plaintiff, a long-established surf and lifestyle brand, asserts that Lady Gaga’s commercial use of the word “Mayhem” in connection with…
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Lux Juris Internship Opportunity
We are looking for students from anywhere in the world who want to explore the legal side of fashion and luxury. This is a virtual internship for those ready to go deep into fashion law, with a clear focus on intellectual property. You will be involved in assisting with legal research, supporting the editor, and…
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Dior’s Victory: EUIPO Rejects CRISPY DYOR Following Opposition
On 25 March 2025, the EUIPO confirmed Christian Dior Couture’s challenge by rejecting the application for CRISPY DYOR in its entirety. The decision was based solely on the similarities between the contested word mark and Dior’s established figurative mark, rather than on any reputation-based arguments. The contested sign covered jewellery and clothing, which were found…