CJEU: Louboutin's red sole is a valid trade mark
(Courtesy of Jesse Hofhuis, Hofhuis Alkema Groen and Thierry van Innis, Van Innis & Delarue) Trade mark law - Article 3 (1) (e) (iii) of Directive 2008/95 / EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be …
moreOpinion AG CJEU on applicability of strict assessment criteria for distinctive character of signs that coincide with the appearance of the goods
Trade Mark Law. Case C-26/17 P. Birkenstock v EUIPO. Appeal. Opinion AG Szpunar. Opinion on the partial refusal of the pictured figurative mark of Birkenstock. The opinion is limited to the first part of the appeal, discussing mostly the criteria for the application of the strict requirements that are used in the …
moreOpinion AG CJEU: No presumption of liability of holders of internet connection for copyright infringements
Copyright. IP enforcement. Case C-149/17: Bastei Lübbe v Strotzer. Opinion A-G Szpunar. Preliminary questions Landgericht München I – Germany.
Bastei Lübbe is a producer of phonograms and holder of the copyrights and neighbouring rights to the audio version of a book. This phonogram has been shared with an …
moreThe administrator of a fan page on Facebook is jointly responsible for the processing of data
Privacy - The administrator of a fan page hosted on Facebook is responsible for the personal data of the visitors to its fan page: the fact that an administrator uses the platform provided by Facebook cannot exempt it from compliance with its obligations concerning the protection of personal data. Where an undertaking …
moreAssociation with a registered geographical indication not sufficient to establish ‘indirect commercial use’ or ‘evocation’ of this indication
Protected designation of origin - For the purpose of establishing that there is ‘indirect commercial use’ of a registered geographical indication, the disputed element must be used in a form that is either identical to that indication or phonetically and/or visually similar to it: not sufficient that that …
moreThe CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court
Trade Mark Law - The CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court: the General Court distorted the facts and arguments made by L’ Oréal and infringed Article 8(1)(b) of the EU Trade Mark Regulation. The Judgement of the General Court, stating that that the most distinctive …
moreCopyright rules for the digital environment: Council agrees its position
On the 25th of May the Council has given its vision about a proposal aimed at adapting EU copyright rules to the digital environment. "The main objective of the directive is to modernise the European copyright framework and adapt it to the requirements of the digital age. By contributing to the harmonisation of …
moreUse of applicant's forename does not constitute a due cause
Trade Mark Law - General Court was fully entitled to conclude that word mark KENZO ESTATE of which registration was applied for was similar to the earlier word mark KENZO: mark applied for consists of earlier mark + element that lacks distinctiveness. Use of appellant’s forename in mark applied for does not …
moreDeveloper PUBG sues developer Fortnite due to copyright infringement
The Korea Times States: “Korean game developer PUBG, a subsidiary of Bluehole, has filed a copyright violation lawsuit against U.S.-based Epic Games, asking a court to determine whether the latter's "Fortnite" was copied from the former's "PlayerUnknown's Battlegrounds."
A PUBG official said Friday that the firm …
moreNew Delegated Regulation and Implementing Regulation on the European Trade Mark Regulation
The Delegated Regulation (2018/625) and the Implementing Regulation (2018/626) have been published in the Official Journal of the European Union on 24 April 2018. Delegated Regulation (2017/1430) and Implementing Regulation (2017/1413) have been repealed. The new Regulations entered into force on on 14 May 2018 and …
moreUNION-IP Designs Round-Table in London on 8 June 2018
Union-IP organises the UNION-IP Designs Round-Table in London on 08 June 2018.
moreHGF opens its 16th Office: Westport, Ireland
HGF bericht: "HGF are continuing to expand, with a strategic move into Ireland and the opening of its 16th office in Westport in the West of Ireland. The office location was chosen to capitalise on investments in the life sciences sector and be in close proximity to Galway, a globally recognised hub for MedTech …
moreEUIPO: Design 'Bunch-O-Balloons' invalid
EUIPO declared the Bunch-O Balloons design of Tinnus Enterprises with No 001431829-0006 invalid because its appearance is solely dictated by its technical function.
moreEU trade mark HP not descriptive, sufficiently distinctive and registered in good faith
Trade Mark Law - Senetic filed an application for a declaration of invalidity of the EU trade mark registrations of HP on the grounds that the marks were descriptive, lacked distinctiveness and that the registration of the marks was done in bad faith.
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UK ratifies the Unified Patent Court Agreement
From the press release: “The Minister for Intellectual Property, Sam Gyimah MP, has today (26 April 2018) confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA). Our ratification brings the international court one step closer to reality. […]
Innovative businesses will benefit …
moreOpinion AG CJEU: No SPC for active ingredients that are not mentioned in the words of the claims of the basis patent
Patent Law - SPCs. Case C-121/17: Teva v Gilead. Opinion A-G Wathelet. Preliminary questions High Court of Justice of England and Wales, Chancery Division.
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CJEU on the concept of "competitive disadvantage" point c, second paragraph of Article 102 of the TFEU
Abuse of a dominant position - Interpretation concept of “competetive disadvantage” (subparagraph (c) of the second paragraph of Article 102 TFEU) where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in which that behaviour is capable of …
moreRequest for a preliminary ruling on jurisdiction in case of trademark infringement by a company in a Member State through an ad, aimed at consumers in another Member State
Case C-172/18 AMS Neve et al. Preliminary questions. Court of Appeal (United Kingdom)
moreCJEU on seniority revoked national trade mark
Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a legal effect after it has been renounced. Article 14 Trade Marks Directive 2008 in conjunction with Article 34 (2) EU Trade Mark Regulation precludes national legislation whereby the invalidity or revocation of an …
moreOpinion AG CJEU: EUIPO must re-examine trade mark three-dimensional 'Kit Kat 4 fingers'
Trade Mark Law. Case C‑84/17 P Société des produits Nestlé v Mondelez UK Holdings & Services. Opinion AG Wathelet.
From the press release: "According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as …
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