Theverge.com reports: "Game of Thrones returned to HBO with some of its highest ratings yet last Sunday, but even those numbers were dwarfed by an even bigger audience. The season 8 premiere had almost 55 million pirated views across illegal streams, downloads, and torrents in the first 24 hours, according to …more
Copyright reform clears final hurdle: Commission welcomes approval of modernised rules fit for digital age
From the press release: "Today the Council of the European Union gave its green light to the new Copyright Directive which will bring concrete benefits to citizens, the creative sectors, the press, researchers, educators, and cultural heritage institutions.
The reform will adapt copyright rules to today's world, …more
Formula E not fast enough: proof of genuine use not submitted in time, time limit for bringing an action against this decision expired
Litigation - The General Court did not err in law in deciding that the time limit for bringing an action against the contested decision had expired: article 4(4) of the decision concerning electronic communication with and by the Office must be interpreted as meaning that notification will be deemed to have taken …more
Reuters: "Dutch semiconductor equipment maker ASML said on Thursday that a U.S. software subsidiary was the victim of corporate theft several years ago, but denied that the information stolen was a blueprint for its lithography machines.
The comments came in response to a report in the Dutch business daily …more
Trade Mark Law - Likelihood of confusion cannot be subject to a condition that the overall impression produced by the composite sign be dominated by the part of it which is represented by the earlier mark: General Court therefore not obliged to find that the element ‘so’ was dominant in order to find that the …more
Trade Mark Law - General Court did not fail to appraise the figurative elements of the Lubelska mark for which registration was applied. existence of a likelihood of confusion between LUBELSKA and LUBECA to the requisite legal standard: General Court implicitly ruled that it considered the figurative elements of the …more
Statement of the European Commission: “Today, the European Parliament voted in favour of the new Copyright Directive designed to bring tangible benefits to citizens, all creative sectors, the press, researchers, educators, and cultural heritage institutions.
Vice-President for the Digital Single Market Andrus …more
A sign consisting of two-dimensional decorative patterns affixed to goods such as fabric or paper does not 'consist exclusively of the shape'
Trade Mark law - Article 7(1)(e)(iii) EUTMR (Regulation 207/2009 as amended by Regulation 2015/2424) is not applicable to trade marks registered before the entry into force of the amendment to that Regulation (23 March 2016). Sign consisting of two-dimensional decorative motiffs affixed to goods such as fabrics or …more
United Nations Human Rights: "UN human rights expert David Kaye has urged the European Union to bring its Copyright Directive into line with international standards on freedom of expression. “Europe has a responsibility to modernise its copyright law to address the challenges of the digital age,” said the UN’s …more
Design law - Invalidity of the contested design for a box of sweets based on an older trade mark upheld. Appeal against General Courts finding that the fact that the contested design is filled with sweets cannot constitute a relevant point of visual comparison, since the contested design is registered merely for the …more
CJEU on communication of carve out is request to limit the scope of the marketing authorisation of the generic medicinal product
In a marketing authorisation procedure, a communication of the package leaflet or summary of the product characteristics of a generic medicinal product, which does not include indications or dosage forms which were still covered by patent law at the time that medicinal product was placed on the market (carve out), …more
Football Club Manchester United has ordered a couple who make their own football stickers to stop selling their drawings of the team's ex-players. The couple started during the World Cup in 2014 under the name “Panini Cheapskates”. The couple says Manested United got in touch and made them stop selling their …more
CJEU on requirement to package a product covered by a protected geographical indication in its geographical area of production
Geographical Indications - Requirement to package a product covered by a protected geographical indication in its geographical area of production is justified, under Article 4(2)(e) Council Regulation on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, …more
The Netherlands, Luxembourg, Poland, Italy and Finland do not support the end-result of the new Copyright Directive
The end-result on copyright is a step back for the digital single market. It fails to strike a balance between protecting right holders and the interests of individual citizens. This is what The Netherlands, Luxembourg, Poland, Italy and Finland claim in a joint statement. They believe that the Directive in its …more
A-G CJEU: “Sampling” without permission of the producer of the first phonogram is copyright infringement
Case C-476/17: Pelham. Opinion A-G Szpunar.
Related rights - Preliminary questions about “sampling”. A-G Spzpunar describes sampling as follows: “Sampling is the process of taking, by means of electronic equipment, a portion or sample (hence the name of the technique) of a phonogram for the purpose of …more
Trade Mark Law - General Court implicitly held that trade mark in question has a high degree of distinctiveness solely because of its unusual shape, even though that shape is to some extent functional. Trade mark in question has been put to genuine use even though the word mark “Bullerjan” is affixed to the goods. …more
Trade mark law - Appeal against General Court finding that “Cystus” has not been put to genuine use despite being used on the packaging of the goods concerned unfounded: the condition of genuine is not fulfilled where the mark affixed to an item does not contribute to creating an outlet for that item or to …more
Trade mark law - Supermac's request for revocation of McDonald’s EU trade mark registration for the word mark BIG MAC is upheld by the Cancellation Division of the EUIPO. According to the EUIPO, has not proven genuine use of the contested EUTM for any of the goods and services for which it is registered, since the …more
Press release HGF: "HGF’s expansion continues into 2019 with the arrival of Leythem Wall who joined the firm Monday 14th January 2019, in The Hague office.
Leythem has particular expertise and substantial experience in Oppositions and Appeals, regularly representing clients in Oral Proceedings before the …more
Copyright - In Levola/Smilde, the CJEU ruled that the taste of a food product cannot (yet) be protected by copyright. Hear more from our editor in chief Dick van Engelen, who is also an extraordinary Professor of Intellectual Property Litigation and Transaction Practice with Maastricht University.more