Ireland & the EU

Can the New EU Design Regulation Kill an Infringement Claim Overnight?

The EU design law reform, effective largely from 1 May 2025, was intended to modernise and clarify the long-criticised repair clause. A recent decision of the German Supreme Court (Bundesgerichtshof,…

EUIPO: Radiator Grilles and distinctiveness (R 2316/2024-1)

In this case review, the EUIPO held that a sign representing a radiator grille had the sufficient distinctiveness to be registrable as a trade mark in the EU. Background Mercedes-Benz…

Can Birkenstock Sandals Really Be Protected by Copyright? A Dutch Court Thinks So

A recent Dutch first-instance judgment has reignited the debate over whether fashion designs—especially utilitarian items like shoes—can qualify for copyright protection across the EU. In a surprising move, the District…

Modular exceptions in the EU: LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24)

The case of LEGO A/S v Pozitív Energiaforrás Kft. (C-211/24) concerns the interpretation of Regulation (EC) No 6/2002 on Community designs. The CJEU examined the scope of protection under Article…

Transitional Period: Use in the EU will no longer count for cloned UK Trade Marks

After the UK left the European Union, the UK automatically created cloned UK trade marks for each registered EU Trade Mark (“EUTM”) as of 1 January 2021. These cloned marks…

Hitting the Right Note – BVG v EUIPO

The EU General Court made (sound) waves as it delivered its judgment in Berliner Verkehrsbetriebe (BVG) v EUIPO (Case T-288/24), deciding that BVG’s sound mark could qualify for trade mark…

Genuine use in the EU: Ferrari v EUIPO (TESTAROSSA)

Background The EUIPO has recently upheld Ferrari’s appeal and annulled the Board of Appeal’s decision in relation to genuine use of the EU word mark TESTAROSS. Ferrari S.p.A. has been…

EUIPO: Radiator Grilles and distinctiveness (R 2316/2024-1)

The EUIPO has recently held that a sign representing a radiator grille had the sufficient distinctiveness to be registrable as a trade mark in the EU. Background Mercedes-Benz (“Mercedes”) applied…

Can Copyright Exceptions and Fair Use Defences Justify Unlicensed AI Training Under Intellectual Property Law?

In today’s data-hungry AI landscape, one of the most pressing legal questions is whether copyright and related rights can—or should—bend to accommodate unlicensed training of artificial intelligence models, particularly when…

When Does a Designer’s Name on a Label Become Legally Misleading?

Can a trade mark that includes a designer’s name become deceptive once that designer is no longer involved with the brand? This is the key issue addressed by Advocate General…

The Lego Exception and Proportionality in Injunctive Relief: A Case for Clarity

On March 6, 2025, Advocate General (AG) Szpunar delivered his Opinion in the case Lego A/S v Pozitív Energiaforrás Kft. (C-211/24), focusing on the so-called “Lego exception” under the Community…

EU Design Reform: Key Changes

The European Union’s Design Reform Package, published on 18 November 2024, marks a significant step forward in modernising intellectual property protection. Effective from 1 May 2025, the reforms introduce sweeping…

“MARICON PERDIDO” Trade Mark Denied: Morality and Distinctiveness in EUIPO’s Latest Decision

The Grand Board of the European Union Intellectual Property Office (EUIPO) recently ruled that the Spanish phrase “MARICON PERDIDO” (“hopeless faggot”) cannot be registered as a trade mark under Article…

Can a Person’s face be registered as a Trade mark?

The EUIPO (European Union Intellectual Property Office) is currently grappling with a significant issue regarding the registration of a photograph of a person’s face as an EU trade mark. In…

Major update to EU design law

Registered designs protect the shape and/or appearance of a product. They are an invaluable (and cheap) part of the IP toolkit whose importance we have written about a number of…

Trade Mark Denied for “ChatGPT”

The US Patent and Trademark Office (USPTO) has rejected OpenAI’s attempts to trade mark “ChatGPT” and “GPT,” leaving the door open for Irish companies to potentially use these names for…

Dishonest Use of a Trade Mark – Don’t Add Fuel (Diesel or otherwise) to the Fire

Some of my earliest interests in brands came from those weird mid 1990s knock offs of well known fashion brands – Jonny Brewbacker (Tommy Hilfiger), Abidas (Adidas)- that weren’t quite…

Fight Against Counterfeits Steps Up

The EU Intellectual Property Office has released an analysis report on its operation ‘Fake Star’ “The sale of counterfeit clothes, shoes and accessories in the EU: a profitable market for…

40 Shades of Green – Can a Colour be Trade Marked?

With this being the middle of March, there’s a tsunami of shamrocks, Guinness, pots of gold and green beer coming down the tracks on social and traditional (overseas) media in…

Your Trade Mark – Use it or Lose It!

Your trade mark’s essential function is to be a badge of origin. It distinguishes your goods or services from those of other undertakings or competitors in the same market. However,…

EU’ll DO NOTHIN’!

McGregor V…McGregor and the importance of Mediation and Co-Existence Agreements in Exploiting Your Brand.  A recent decision of the European Union Intellectual Property Office has beaten down an application by…

What Can Be Registered As A Trade Mark In Ireland?

Your trade mark’s essential function is to be a badge of origin. It distinguishes your goods or services from those of other undertakings or competitors in the same market, thus…

IP, Counterfeiting and the Blockchain

With the advent of globalisation on a mass scale in the 1990s, coinciding with the fall of the USSR and the rapid development of emerging economies in Asia, Africa and…

Registering A Trade Mark In Ireland

As part of Briffa’s expansion into Ireland, our IP solicitor in Cork, Mark Eiffe, examines some of the matters that Irish startups and SMEs should consider when it comes to…