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Dr. Martin WILMING
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FPC Review | www.patentlitigation.ch
FPC Review | www.patentlitigation.ch

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Case No. B-4729/2018 (FAC) | Decision of 12 December 2018
Richemont's trademark application 58809/2016, a stylised fish, for watches etc. in class 14 had been rejected. The IPI held that the sign was of religious content, and its commercial use would offend the religious feelings of an average member of Christianity. Read more: ...

https://www.patentlitigation.ch/a-stylised-fish-does-not-have-a-significant-religious-meaning/
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A lesson on abusive trademark registration ...

https://www.patentlitigation.ch/a-walk-on-the-wild-side/
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The Swiss watch manufacturer Glycine Watch SA was ordered by the Commercial Court Berne to abstain from using its current logo because it could be confused with the logo of the luxury label Giorgio Armani. An appeal is pending at the Supreme Court.

https://www.patentlitigation.ch/the-eagle-has-landed/
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Swiss Post had requested that the sign 'POSTAUTO' be registered because it had become a trademark through use; Art. 2 lit. aTmPA. The IPI rejected this request. But the FAC did not agree for the majority of goods and services, in very clear terms ...

https://www.patentlitigation.ch/fac-overrules-ipi-and-acknowledges-acquired-distinctiveness-of-the-sign-postauto/
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The year is coming to an end, holiday season is approaching ... — and nothing more to report from the FPC this time. But it is not yet calming down like this elsewhere in the world. I stumbled upon a patent infringment case with a most remarkable court order: ...

https://www.patentlitigation.ch/meanwhile-in-texas-happy-holidays/
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I have a dream today ... - no, not about the civil rights movement. I am far less ambitious. I am just wondering: Wouldn't it be great if one day we would all do the same when assessing obviousness?

https://www.patentlitigation.ch/expectation-of-success-please-be-reasonable-part-1-2/
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Case No. 4A_277/2018 ¦ Decision of 01 October 2018 (Supreme Court) on appeal against O2015_009 ¦ Decision of 21 March 2018 ¦ 'Wärmeaustauschelement: Feststellung der gemeinsamen Berechtigung an der Anmeldung'

https://www.patentlitigation.ch/riendeau-zehnder-heat-exchanged/
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Case No. S2018_004 | Decision of 22 October 2018
The FPC granted interim injunctive relief to prohibit Sandoz from placing its generic version of Kivexa®, i.e. ‘Abacavir Lamivudine Sandoz®’, on the Swiss market. Sandoz already lodged an appeal to the Supreme Court, long before the due date. Stay tuned.

https://www.patentlitigation.ch/generic-kivexa-interim-injunctive-relief-granted-appeal-pending/
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Case No. 4A_282/2018 ¦ Decision of 4 October 2018 (Supreme Court)
on appeal against O2015_008 ¦ Decision of 14 March 2018 (FPC) ¦ 'Balancier de montre'

https://www.patentlitigation.ch/supreme-court-confirms-fpcs-decision-o2015_008-omegas-appeal-dismissed/
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Case No. O2016_009 | Hamilton Medical ./. imtmedical | Main hearing of 29 October 2018

https://www.patentlitigation.ch/go-with-the-flow/
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