Organisation: Beiersdorf AG

NIVEA prevails in trade dress dispute as Delhi High Court cements comparative advertising boundaries

The Delhi High Court has shed light on the boundaries of comparative advertising in a trade dress dispute over NIVEA’s Crème face cream, highlighting the courts’ role in safeguarding consumer interests. Businesses and rights holders should be cautious to operate within these limitations when marketing their products. 

20 June 2024

Nivea saves its skin from risk of confusion

The assessment of the similarity between two marks cannot be limited to taking into consideration only one component of a composite mark and comparing it with another mark.

22 November 2023

Recent case highlights lack of harmonisation between courts’ approach and PTO’s practice

The case considered whether the well-known status argument could be asserted in an action for the cancellation of the PTO decision, even if no appeal was filed against the rejection of such argument before the PTO.

06 September 2022

Good news for Beiersdorf as General Court confirms likelihood of confusion between CCLABELLE and LABELLO

The General Court agreed with the EUIPO that there was a likelihood of confusion for goods in Classes 3 and 16, at least when the reputation of the earlier mark for lip care products was taken into account.

23 February 2022

NIVEA v NEVIA: Patent and Trademark Office provides comprehensive likelihood of confusion analysis

The workload of the Turkish IP Courts could be positively affected if such comprehensive decisions become more common in administrative proceedings.

10 December 2021

Court upholds Nivea Men passing-off claim

South Africa’s Supreme Court of Appeal has ruled in favour of Beiersdorf, finding that a shower gel product, Connie Men, passed off the long-established brand Nivea Men. The case is unusual in that one judge issued a robust dissenting judgment.

14 June 2021

Trademark licensing in Africa: an A-Z whistle-stop tour

With Africa proving to be a particularly lucrative region for brands seeking licensing opportunities, we examine what rights holders need to know about trademark licences from a swathe of nations across the continent.

01 October 2019

Beiersdorf v Koni: passing off and a composite of get-ups

In Beiersdorf AG v Koni Multinational Brands (Pty) Ltd, the South African High Court has considered the use by one party of a get-up that was a composite of various get-ups used by another party.

22 May 2019

Unlock unlimited access to all WTR content