An accumulation of items of evidence may allow the necessary facts to be established, even though each of those items, taken individually, would be insufficient to prove genuine use.

While the court recognised that an Anton Piller order is an extreme measure, it found that the conditions for issuing such an order were met in this case. 

DTTM Operations LCC, which manages Donald Trump’s IP rights, was partially successful in opposition proceedings against a German businessman’s application for TRUMP.

The court considered whether the earlier mark fulfilled the five-year use requirement – and not only whether it had been registered for five years – to decide whether there was a vested right in favour of its owner.

The reputation acquired in the market by a word element in a trademark application may be relevant when assessing the likelihood of confusion with an earlier mark.

The decision highlights the importance of considering implied – as well as express – comparisons when deploying comparative advertising. 

These decisions are the first by national courts to interpret the CJEU’s preliminary ruling in Joined Cases C‑253/20 and C‑254/20.

The anti-monopoly authority has considered a range of criteria based on competition law, which may be seen as a test to establish whether unfair competition has occurred.

The General Court has pared back on the goods and services allowed under the BIG MAC trademark registration in this long-running dispute between McDonald’s and Supermac’s.

The evidence did not convincingly demonstrate the degree of recognition of the NETFLIX marks or that the marks were known by a significant part of the relevant public on the relevant date.