Dr Monika Żuraw: articles by this author
On 12 July 2011 the European Court of Justice issued a judgment concerning the use of trademarks on internet auction sites (L’Oréal SA v eBay International GmbH, Case C-324/09).
The General Court of the European Union in Luxembourg has upheld a decision by the Office for Harmonisation in the Internal Market in Alicante refusing to register the three-dimensional shape of a reindeer in a Christmas ribbon as a trademark.
Common and generic names of an informational nature may become distinctive when specific elements of the names are combined in a unique way, which means that they can become the dominant element of a trademark.
The issue of colour as an element of a trademark will once again be the subject of a ruling by the courts in Poland. This time it is pink.
Use of other people’s trademarks as keywords may constitute trademark infringement if it is done without consent of the holder and the advertising steered to by the keywords may suggest legal or commercial ties between the advertiser and the holder.