Deloitte launches Patent Reports


Deloitte press release: "As from today, is also offering patent benchmark reports. The reports are created by using artificial intelligence to analyze over 70 million patents filed by 268.000 businesses worldwide. Next-generation analytics allows us to benchmark your business against its …


Preliminary questions: bad faith when applying to register a trade mark without any intention to use it?

Case law

England and Wales High Court (Chancery Division), 23 January 2018, Sky v Skykick, [2018] EWHC 155 (Ch)


Sky is the registered proprietor of a number of EU trade marks “SKY”, among which two figurative marks. Sky contends that Skykick have infringed these EU trade marks. SkyKick denies infringement and issued a …


Opinion AG CJEU: Clarification of the application of Specific Mechanism

Case law

Patent Law - SPC - Case C-681/16: Pfizer Ireland Pharmaceuticals v Orifarm, Opinion AG E. Tanchev


The plaintiff was the registered holder of an SPC protecting the protein Etanercept. Etanercept is an active substance of the drug Enbrel® that the plaintiff produces and markets in Germany. The German Patent and …


Louboutin cannot benefit from the introduction of the 'position' mark into EU law

Case law

(Courtesy of Margot van Gerwen, Maarten Rijks and Eelco Bergsma, TaylorWessing and Jesse Hofhuis, Hofhuis Alkema Groen)

Trade mark law - Additional conclusion following the reopened oral hearing in case Louboutin v van Haren. A reopening was called for after questions were raised by the Ninth Chamber about EU …


UnitedCorp seeks injunctive relief from Instagram for patent infringement


World Intellectual Property Review: 'Miami-based UnitedCorp has taken on photo-sharing platform Instagram in a patent infringement lawsuit filed at the Federal Court of Canada. According to an announcement released on Friday, February 2, UnitedCorp owns Canadian patent number 2,887,596, called “User content sharing …


Trade secrets trial between Waymo and Uber regarding self-driving cars starts today


Financial Times: ”The high-profile lawsuit between Uber and autonomous driving rival Waymo will go to trial this week following a nearly year-long battle of theft allegations involving encrypted texts, untraceable phones and secret meetings.[…]


Waymo has accused Uber of stealing eight trade secrets that …


The evidence submitted for the first time before the EUIPO Board of Appeal did not come too late in all circumstances

IPPT20180124, CJEU, EUIPO v European Food

Trade Mark Law - Litigation - The General Court correctly held that, in the context of the invalidity proceedings based on the absolute ground for refusal, the EUIPO Board of Appeal should not, in all circumstances, rule that the that evidence submitted for the first time before the Board of Appeal must be regarded …


ECHR: fining a clothing company for its advertising campaign with Jesus and Maria breached its freedom of expression

Case law

Advertising Law. ECHR, 30 January 2018, appl.  No. 69317/14, SEKMADIENIS LTD. v. LITHUANIA. Sekmadienis Ltd. ran an advertisement campaign for clothing with models and captions referring  to Jesus and Maria. The company was given a fine for offending against public morals. Seksmadienis Ltd. lodged an application …


EUIPO: likelihood of confusion between word marks “RUBY” and “RUBY FIRES” for heating apparatus

Case law

Trade Mark Law - Board of Appeal EUIPO, 21 december 2017, Ruby Decor v Essege. The appeal is dismissed. The Board of Appeal finds that the earlier mark has been put to genuine use. The use has been proved with a large quantity of invoices of which a significant number relate to the Benelux and with advertising …


Arrangement intended to disseminate misleading information relating to adverse reactions to medicinal products constitutes a restriction of competition

IPPT20180123, CJEU, Hoffmann-La Roche

Competition Law - Pharmaceutical Law - National competition authorities are allowed to consider medicinal products of which the MA lays outside the treatment of the diseases at issue, but can be used for this and therefore can be regarded as substitutable with other medicinal products as products in the same market. …


Collective action against Facebook cannot proceed

IPPT20180125, CJEU, Schrems v Facebook
Case law

Privacy - Private International Law - A private Facebook account user is a consumer within the meaning of Article 15 of Brussels I Regulation, even when his activities entail publishing books, lecturing, operating websites, fundraising and being assigned the claims of numerous consumers for the purpose of their …


#metoo trademark application withdrawn


World Intellectual Property Review: "Hard Candy Cosmetics has withdrawn its trademark application for ‘#metoo’ following widespread public criticism.The US beauty brand, which sells make-up products through Walmart, abandoned its application to the US Patent and Trademark Office on Thursday, January 18.


Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order

IPPT20180117, CJEU, Josel v EUIPO

Trade mark law - Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order: grounds of appeal are either manifestly inadmissible or manifestly unfounded.


Decision by reasoned order to dismiss the appeal against the decision of the General Court of June 28th …


Kodak announces blockchain-powered photo rights management platform and cryptocurrency


The Verge: “KodakCoins will work as tokens inside the new blockchain-powered KodakOne rights management platform. The platform will supposedly create a digital ledger of rights ownership that photographers can use to register and license new and old work. Both the platform and cryptocurrency are supposed to …


Radiohead refutes that they have filed a plagiarism lawsuit against Lana Del Rey


The Guardian: “Radiohead have refuted Lana Del Rey’s claim that they have filed a lawsuit against her that demands publishing rights to her song Get Free, thanks to its similarity to their song Creep."


New Board at Hoyng Rokh Monegier


From the press release: "Benoît Strowel, a member of Hoyng Monegier’s and HOYNG ROKH MONEGIER’s executive committee since 2011, will succeed Willem Hoyng as managing partner. The other members of the executive committee are Bart van den BroekChristine KanzCarl De Meyer and Luis Fernández-Novoa.



CJEU about incorrect date of first marketing authorisation for an SPC

IPPT20171220, CJEU, Incyte v Szellemi Tuljdon Nemzeti Hivatala

Patent law - SPC. Date of the first MA, as stated in an application for the SPC, on the basis of which the duration of the certificate is calculated, is incorrect when the incorrect date led to a method for calculating the durating of the certificate which does not comply with the requirements of Article 13(1) of SPC …


Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics

IPPT20171220, CJEU, Champagner Sorbet

Protected Designation of Origin - The use of a Protected designation of origin (PDO) as part of the name under which is sold a foodstuff that does not correspond to the product specifications for that PDO but contains an ingredient which does correspond to those specifications – like “Champagner Sorbet” …