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Higher Regional Court of Cologne provides clarity: “Dubai chocolate” remains an indication of origin
by
Johanna Otten

Geographical origin or mere recipe? While new trends may have emerged on social media, the legal battle over this phenomenon continues. The Higher Regional Court of Cologne ruled in four cases that “Dubai chocolate” is (still) considered an indication of origin under trademark law.

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From Aesthetics to Assets: How to Secure Your Design Rights in the EU
by
Achim Baumeister

Design has always been about more than just aesthetics. A well-crafted design can evoke emotions, convey values, and ensure brand recognition. Ideally, it defines a brand, significantly influencing its success. In today's competitive landscape, effective protection of design rights is therefore essential. In this blog post, we shed light on the application process at the EUIPO and highlight the key things to pay attention to when filing your design application.

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The Colour Orange and Acquired Distinctiveness – Veuve Clicquot's Long Road to Recognition
by
Cathérine Elkemann

Can a single shade of orange be distinctive enough to warrant EU trade mark protection? The General Court recently delivered its answer in a case that spans decades and raises fundamental questions about the requirements for claiming acquired distinctiveness. The Veuve Clicquot decision (T-652/22) serves as a key reminder: proving acquired distinctiveness in the EU is a high-stakes and high-evidence game.

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Sad Beige Battle: What's behind the US legal dispute over social media aesthetics and the German view
by
Cathérine Elkemann

In the USA, an influencer accused another influencer of copying her social media aesthetic. This article discusses the resulting legal dispute and analyses whether such an aesthetic could be protected by copyright or competition law under German law.