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Appeal against judgment that there was no genuine use of the word mark 'SMART WATER' dismissed

IPPT20160317, CJEU, Naazneen v OHIM

Trade mark law / litigation - The applicant’s arguments are essentially based on a misreading of the judgment of the General Court or concern factual findings of the General Court, which do not fall within the jurisdiction of the CJEU

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Likelihood of confusion between "Ilja" and "Ilía natura"

IPPT20160715, EUIPO, Natura Cosmetics v Ilja Visser

Trade mark law - Likelihood of confusion between "Ilja" and "Ilía natura"

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Error in law has no impact on the operative part of the judgement under appeal

IPPT20160922, CJEU, Pensa Pharma v EUIPO

Trade mark law - Although the General Court has erred in law regarding the admissibility of arguments put forward by Pensa Pharma, this has no impact on the operative part of the judgment under appeal

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Proprietor EU trade mark does not have to prove genuine use within five years following registration

IPPT20161221, CJEU, Länsförsäkringar v Matek

Trade mark law - Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar to his mark for identical or similar goods...

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Revocation earlier mark rightly not taken into consideration to assess likelihood of confusion

IPPT20161026, CJEU, Westermann v EUIPO

Trade mark law - The General Court did not err in law by not taking in consideration the revocation of the old trademark in the decision on likelihood of confusion.

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CJEU: General Court unclear in its considerations on the laudatory character of the word 'So'

IPPT20161027, CJEU, Debonair v EUIPO

Trade mark law - The General Court infringed its obligation to state reasons by presenting contradicting statements on the laudatory character of the word ‘so’ in its reasoning

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Parallel importer of certified self-diagnosis device not obliged to confirm conformity of translation label in importing Member State

IPPT20161013, CJEU, Servoprax v Roche Diagnostics

Unfair commercial practices - Parallel importer of a self-diagnosis device is not obliged to carry out a new assessment in the importing Member State to certify the conformity of the labelling and the translation of the instructions for its use, when that device has already been subject to a...

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General retention of user's data relating to electronic communication in breach with Directive on privacy and electronic communications

IPPT20161221, CJEU, Tele2 Sverige and Tom Watson

Privacy - National legislation providing for general and indiscriminate retention of all traffic and location data of subscribers and registered users relating to all means of electronic communication in breach with Directive on privacy and electronic communications

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A wifi provider may be required to prevent third parties from making copyright-protected work available to the general public

IPPT20160915, CJEU, Mc Fadden v Sony

Copyright - A member state may require that a provider of access to a communication network prevents that third parties make copyright-protected work available to the general public.

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Italian legislation on fair compensation in breach with EU law

IPPT20160922, CJEU, Microsoft Mobile Sales v SIAE

Copyright - Article 5(2)(b) of Directive 2001/29/EC precludes national legislation that depends on agreements between, on the one hand, an entity which has a legal monopoly on the representation of the interests of authors of works and, on the other hand, those liable to pay compensation or their...

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General Court has to take into consideration the non-visible functional elements of the Rubik's Cube

IPPT20161110, CJEU, Simba Toys v EUIPO

Trademark law - The EUIPO and the General Court should have taken into consideration the non-visible functional elements of the object, such as the rotating capability, when investigating the functional nature of the object

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Transitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005

IPPT20161123, CJEU, Nelsons v Ayonnax

Advertising Law - The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a foodstuff which was sold as a medicinal product before 2005 and was afterwards sold as a foodstuff under the same trademark or brand name.

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Individual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal

IPPT20160922, CJEU, Breitsamer und Ulrich v Landehauptstadt München

Advertising law: Every individual portion of honey closed by an aluminium seal supplied to mass caterers, constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or as part of pre-prepared meals for an all-inclusive price

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Dividing subscription fees into monthly and six-monthly components must be regarded as misleading

IPPT20161026, CJEU, Canal Digital

Advertising law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.

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Trade mark proprietor cannot oppose trade of repackaged medicine when the medicine cannot be marketed in the same outer packaging in the importing State

IPPT20161110, CJEU, Ferring v Orifarm

Trade mark law: Trademark proprietor cannot oppose the trade of a repackaged medicine when a) the medicine cannot be marketed in the importing State in the same outer packaging as in the exporting State and b) when the importer has demonstrated that the imported product can only be marketed in a...

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Back-up copy of a computer program may not be provided to another without authorisation of the rightholder

IPPT20161012, CJEU, Ranks and Vasiļevičs

Copyright: First acquirer of a computer program may not provide his back-up copy of that program when the original is damaged, destoryed or lost without authorisation of the rightholder

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CJEU on transitional provisions SPC Regulation for Medicinal Products

IPPT20161005, CJEU, F. Hoffman-La Roche v Accord Healthcare

Patent law: The Court does not have jurisdiction to rule on the validity of Article 21(2) of SPC Regulation for Medicinal Products. Article 21(2) of SPC Regulation for Medicinal Products applies to a supplementary protection certificate granted by a Member State prior to its accession to the...

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Illegality of posting hyperlinks to protected works

IPPT20160908, CJEU, GeenStijl v Sanoma

Copyright: posting hyperlinks to protected works on a website constitutes a communication to the public when those links are provided with the pursuit of financial gain by a person who knew of could reasonably have known the illegal nature of the publication of those works on that other website....

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Use of sign that creates likelihood allowed if in this part of the Union no likehood of confusion has been found

IPPT20160922, CJEU, combit Software v Commit Business

Trade Mark Law: Where an EU trade mark court finds that the use of a sign creates a likelihood of confusion with an EU trade mark in one part whilst not in another part, that court must conclude to an infringement of the exclusive right for the entire area of the Union with the exception of the...

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French legislation about 'out-of-print' books in breach of Directive 2001/29

IPPT20161116, CJEU, Soulier and Doke

Copyright Law: French legilsation which authorizes an approved collecting society to reproduce and commercially exploit out-of-print books and gives authors the right to oppose only under certain circumstances is in breach of Directive 2001/29.

 

 

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