NEDim malovic

• Round-up of EU trade mark decisions in 2020 (together with Gordon Humphreys and Stefan Martin)
• Swedish Patent and Market Court of Appeal says that Crocs three-dimensional trade mark lacks acquired distinctiveness 
• AG Hogan advises CJEU to rule that disclosure of evidence in court proceedings is not a communication to the public
• EU General Court tackles notion of ‘average consumer’ when goods/services are aimed at both specialized and everyday consumers
• EUIPO Grand Board of Appeal says that ‘LA IRLANDESA’ EUTM is invalid on grounds of deceptiveness and bad faith
• Royal branding and trade marks (editorial)
• AG Szpunar advises CJEU to rule that car leasing companies making available vehicles with built-in radio systems are not ‘users’ that perform a communication to the public
• No likelihood of confusion between ‘Bobo Cornet’ and ‘Ozmo Cornet’, says the General Court
• Registration of KENZO ESTATE for goods other than mass-consumed foodstuffs would take unfair advantage of KENZO’s repute and prestige​
• Swedish Supreme Court holds painting based on prior photograph new and independent creation
• CJEU holds that cloud-based recording services are only covered by private copying exception if users have lawful access to content in the first place
• AG Spzunar says that cloud based recording service is only covered by private copying exception if user could have lawful access to copyright content
• CJEU revisits concept of communication to the public and temporary copies exemption
• Swedish Patent and Market Court of Appeal orders major ISP to block access to The Pirate Bay and Swefilmer
• Likelihood of confusion must be assessed in light of the goods and services for which a mark is registered​
• Swedish court finds that an embedded link to unlicensed content infringes copyright
• Swedish Supreme Court defines scope of freedom of panorama
• OHIM Fourth Board of Appeal considers ‘Le journal d’Anne Frank’ sufficiently distinctive to be a trade mark
• US judge denies copyright over 3-word phrase ‘Everyday I’m Hustlin’
• Distribution right encompasses advertisement for sale of copyright works
• Joint authorship claim in a musical work: a Sensitive Touch
• High Court employs ‘intention to target’ approach to determine application of UK copyright law

I have also published academic articles in Nordic Intellectual Property Law Review, Entertainment Law Review (Sweet&Maxwell), LexisPSL, and King's Student Law Review

• Lease vehicles with built-in radio systems and communication to the public (STIM and SAMI)
• The International Comparative Legal Guide to: Trade Marks 2019 - Sweden 
• Online Copyright Enforcement in Sweden: The First Blocking Injunction
• The development in the field of intellectual property and advertisement law in Sweden 2016–2018 
• Presumed Innocent: Should the Law on Online Copyright Enforcement and ISP Liability Change?
• EU Citizenship: An Analysis of its Evolution and Application to the Expulsion of Minorities

• EU General Court says that ‘heartfulness’ for meditation cannot be registered as an EU trade mark
• Jeff Bezos loses trade mark battle at the EU General Court
• No likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’, says EU General Court
• General Court says that ‘ALMEA’ and ’MEA’ are confusingly similar
• 'ATHLON CUSTOM SPORTSWEAR’ found not confusingly similar to ‘DECATHLON'
• Swedish Patent and Market Court of Appeal cancels Crocs three-dimensional trade mark
• General Court says that ‘MARK’ and ‘MARQ’ are confusingly similar despite low degree of similarity between respective goods
• CJEU assesses the scope of ‘genuine use’ and considers that the resale of vehicles and replacement parts thereof amounts to ‘genuine use’
• Jürgen Klinsmann wins trade mark opposition and also strikes lethal blow by invalidating some of the opponent’s marks on the basis of non-use
• CJEU says that the assessment of distinctiveness of signs that are to be applied to specific goods used to deliver a service should not also entail an assessment of norms and/or customs of the relevant sector
• Who is the ‘average consumer’ when a product/service is aimed at both specialized and everyday consumers?
• Jaguar Land Rover loses trade mark battle over Land Rover Defender car series
• The extended but not unlimited protection of trade marks with a repute: Hugo Boss loses battle against ‘BOSS SHOT’ due to the difference between goods at issue
• EUIPO Fourth Board of Appeal says that “LEGNOLAND” for Class 28 goods is confusingly similar to “LEGO” and “LEGOLAND”
• Swedish Patent and Market Court upholds Sweden’s first dynamic blocking injunction
• US Copyright Office Review Board allows registration of Abercrombie & Fitch’s Store Front Sculpture
• EUIPO Grand Board of Appeal invalidates ‘LA IRLANDESA’ EUTM on deceptiveness and bad faith grounds
• “SUPERMAN” enjoys high degree of recognition, says EUIPO Opposition Division
• EUIPO Boards of Appeal adopt set of unified Rules of Procedure
• CJEU rules that hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public
• Swedish Supreme Court favours copyright protection over freedom of information and of the press
• Meghan Markle and Prince Harry to abandon “Sussex Royal” UK trade mark applications
• AG Szpunar advises CJEU to rule that car leasing companies are not ‘users’ that provide a communication to the public
• Book Review: Law of Remedies – A European Perspective
• Meghan Markle and Prince Harry seek to register “Sussex Royal” as a UK trade mark
• EU General Court considers sign referring to cannabis contrary to public policy
• Are two different whales conceptually identical? Fourth Board of Appeal finds likelihood of confusion despite some visual dissimilarities between marks
• GC excludes likelihood of confusion between marks representing stylized human figure and relating to same goods due to low distinctiveness of shared concept
• Case number and official translation of recent Swedish copyright referral now available
• General Court says that relevant public’s attention is ‘average at best’ when assessing likelihood of confusion relating to games and computer games (so that DUNGEONS is confusingly similar to DUNGEONS AND DRAGONS)
• Swedish Patents and Market Court of Appeal requests CJEU to clarify concept of “public” in new CJEU reference
• Board of EUIPO says re-filing of ’Monopoly’ as EUTM is invalid due to bad-faith
• CJEU dismisses Red Bull’s appeal concerning its colour combination marks 
• Celebrity misadventures in trade mark land
• Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration
• EUIPO Second Board of Appeal reminds that an opposition may be withdrawn at any time before a decision on appeal becomes final
• BEAUTY & THE BAY not an infringement of BEAUTY BAY, says High Court
• Following CJEU Syed ruling, Swedish Supreme Court establishes criminal liability through warehouse storage of copyright infringing goods
• How does the average consumer perceive the term "SPA"?
• Is imitation the sincerest form of flattery? Not when it comes to BMW trade marks, says Frankfurt Regional Court
• “AGING BACKWARDS” for fitness-related goods and services? Insufficiently distinctive, says EUIPO Fourth Board of Appeal
• Guitar headstock not distinctive for … guitars, says EUIPO Board of Appeal
• Do tapirs look like pigs? ‘Peppa Pig’ EUTM wins invalidity battle before EU General Court
• CJEU applies Louboutin, clarifying notion of ‘shape, or another characteristic, which gives substantial value to the goods’
•  ‘SO…?’ and ‘S.O.’ confusingly similar, says EUIPO Fourth Board of Appeal
• EU General Court proves it can be a real heartbreaker when it comes to trade mark applications
• Swedish Patents and Market Court of Appeal finds request for blocking injunction against ISP disproportionate
• CJEU: ‘EZMIX’ devoid of distinctive character and descriptive for software used in music production
• EUIPO Fifth Board of Appeal says that a request for cancellation is unfounded when based on non-existent earlier right
• CHEESE for (cannabis) seeds not a valid trade mark, says EUIPO First Board of Appeal
• EUIPO Fourth Board of Appeal allows registration of Bacardi bottle as an EUTM
• Beats secures trade mark victory with EUIPO Fourth Board of Appeal
• Thanks to higher resolution image, American Airlines has eventually managed to register its logo with the US Copyright Office
• Double trouble: fresh CJEU reference from Swedish Supreme Court regarding scope of communication to the public inside cars
• High Court employs ‘intention to target’ approach to determine application of EU/UK law in online trade mark infringement case
• SPINNING is not generic, says EU General Court
• 3-second cinematic sequence sufficiently distinctive to be a trade mark, says EUIPO Fifth Board of Appeal
• Swedish Court orders ISP to block access to The Pirate Bay and other Torrent sites 
• Advertisement distributed by Swedish ISP held to be sexually discriminatory
• After UEFA’s Starball logo, also the EURO Trophy has been denied copyright registration
• US Copyright Office Review Board denies registration of ‘Vodafone Speechmark’
• Swedish Court requests CJEU to clarify meaning of 'preparatory design material' and 'employee' within Software Directive
• Arnold J extends Premier League's live blocking order
• EUIPO raises battle-axe against Puma before Luxembourg bench
• Book Review: The Protection of Traditional Knowledge on Genetic Resources
• Swedish court considers new blocking injunction against The Pirate Bay and other torrent sites
• CJEU confirms differential treatment of what amounts to unfair advantage for well-known trade marks in its KENZO ESTATE/KENZO judgment
• Swedish ISP Telenor will voluntary block The Pirate Bay
• Swedish court holds that Google can be only ordered to undertake limited delisting in right to be forgotten cases
• YouTube’s new Transparency Report reveals centrality of automated notices and automated takedowns
• No likelihood of confusion between ‘Bobo Cornet’ and ‘Ozmo Cornet’, says the General Court
• Swedish Patents and Market Court of Appeal says that an ISP is not required to hand over information about subscribers’ IP addresses
• Swedish Supreme Court says that painting based on photograph is new and independent creation and hence … non-infringing
• 9th Circuit ‘slam-dunks’ claim of copyright infringement by Nike photograph of Michael Jordan and ‘Jumpman’ logo
• Stockholm Administrative Court orders ISP to provide customers’ details to Swedish police
• Influencers and undisclosed sponsored activities: where do we stand?
• Is a circular logo for coffee confusingly similar to the Starbucks’ one? Yes, says the General Court
• Swedish Patents and Market Court of Appeal requests CJEU to clarify notion of ‘shape, or another characteristic, which gives substantial value to the goods’
• Swedish Patent and Market Court of Appeal orders block of The Pirate Bay and Swefilmer
• IPEC puts its Sensitive Touch on joint authorship claim in a musical work

© Nedim Malovic 2018-2023