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Litigation

22 September 2020
Jurriaan Dane Groundbreaking judgment will result in quicker refusal of Benelux trademark applications for descriptiveness

International - AKD NV

The Benelux Court of Justice recently assessed whether the Benelux Office for Intellectual Property (BOIP) rightly refused the Benelux trademark PET'S BUDGET for being descriptive. The central question in this case was the criterion to assess whether a sign is descriptive. The implications of the case are groundbreaking since it will likely lead to quicker findings of signs or trademarks being descriptive and more refusals at the BOIP.

Authors: Jurriaan Dane, Bram Woltering
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Simon Hart What does 'market practice' entail? Court of Appeal rules on use of term in ISDA master agreement

United Kingdom - RPC

The Court of Appeal recently held that 'market practice' is too wide a term to be implied into an International Swaps and Derivatives Association (ISDA) master agreement covering currency trading transactions by dismissing a claim arising from the 'de-pegging' of the Swiss franc from the euro. The desire to maintain the certainty and stability of the relationship between those contracting based on the ISDA master agreement underpinned the court's decision.

Authors: Simon Hart, Matthew Evans
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