23 May 2012

Bulgaria´s Competition Watchdog Says Misappropriation of Images is Passing Off

This is the title of a blog post I wrote for The Reguligence Website, which is my newly launched professional website.

I suggest you take a look at it, should you care to know about the role of Bulgaria’s Commission on Protection of Competition and why it is important also in terms of intellectual property protection.

25 January 2012

The Boss Of Passing Off

Two days ago I took this picture in the Serbian town of Subotica.

As you can see, a local entrepreneur is using that very famous brand to promote their own business, obviously consisting in the provision of food and drink.

The funny thing is that Hugo Boss has a trade mark registration in Serbia (albeit not for class 43) and that the Serbian Trade Mark Act protects well-known marks.

While I didn`t feel confused that the fashion brand might have something in common with a provincial restaurant in Serbia, I could not but perceive that the local entrepreneur has undertaken serious efforts to imitate both, the trade mark and the get-up of BOSS.

Thus, do you share my view that his use of the famous mark represents an unfair advantage and is detrimental to said mark`s distinctive character?

17 November 2011

Where Pizza Meets Haute Couture

Saw this one yesterday in downtown Sofia and could not resist to take a picture and blog on it.

Later I was somewhat surprised to find out that Escada had obtained a Bulgarian registration for their trade mark already in 2003.

Could there be room for a sound dilution claim based on Art 4 (3) of the trade mark directive?