Revocation of a trade mark for a coloured product shape – GARDENA syringes

A particularly attractive opportunity, economically, in terms of trademark law is the registration of a trade mark for a product shape. This was precisely the basis of protection for the well-known Gardena hose syringes and their particular coloured shape. However, over the course of time Gardena had changed the colours of this trademarked product. Did it therefore have to accept that its protection had lapsed due to non-use?

Free storage and shipping: ECJ strengthens online marketplaces – Amazon

The case: The opportunity for a seller to have their goods, which are being sold via a marketplace operator, stored by that same operator is of great benefit. The Amazon Marketplace service is advertised thus: ‘Try fulfillment by Amazon now and get free shipping to an Amazon fulfillment center, free storage, free removals, and free return processing with the FBA New Selection program (conditions apply) …’

Deception by registration symbol ® – ‘grill master’

A caterer had the idea of registering ‘grill meister’ [‘grill master’] as a brand for his barbecue and beer products, as well as for his catering. He gave his brand a simple design and as a special feature the registration symbol ®. However, the caterer was very surprised when the Federal Court of Justice certified his trade mark as not only being unable to be protected, but also deceptive.