No trade mark protection for Banksy on 'Flower Thrower'
In 2014, the artist, represented by the company Pest Control Services, applied for an EU trademark of the image 'Flower Thrower' to prevent the use of this piece by a greeting card company. The latter found that they were allowed to use the work because the maker is anonymous. Because of the anonymity, Banksy cannot …
moreLionel is allowed to register MESSI trade mark: no likelihood of confusion with MASSI
Trade Mark Law - In 2011, Lionel Messi filed an application for registration of the shown figurative sign as an EU trade mark for sports clothing, footwear and equipment. An opposition was filed based on the EU word mark MASSI. The opposition was upheld by the EUIPO. The General Court however found that that the …
moreOpinion A-G: by way of framing of a work to make it available on a website is no communication to the public even when measures are taken against framing
Opinion of Advocate General Szpunar. With the consent of the rightholder, a work has been made available on a freely accessible website. A third party has placed this work on his website by way of framing, while the rightholder has taken protection measures against framing. The third party has circumvented these …
moreCopyright protection applies to a product whose shape is, at least in part, necessary to obtain a technical result
Copyright - Related Rights - Articles 2 to 5 of Directive 2001/29 must be interpreted as meaning that the copyright protection provided for therein applies to a product whose shape is, at least in part, necessary to obtain a technical result: the product must be an original work resulting from intellectual creation. …
moreThe proprietor of a trade mark has an exclusive right within the five-year period from its registration even if the trademark is not being used
Trade mark law - The Trade Mark Directive leaves Member States the option of allowing the proprietor of a trade mark whose rights in that mark have been revoked on expiry of the five-year period from its registration to make genuine use of the mark to retain the right to claim compensation for the injury sustained …
moreIn assessing whether a sign consists exclusively of the shape of goods which is necessary to obtain a technical result, other factors such as the perception of the relevant public can also be taken into account
Trade mark law - In order to establish whether a sign consists exclusively of the shape of goods which is necessary to obtain a technical result, assessment does not have to be limited to the graphic representation of that sign: other relevant factors such as the perception of the relevant public can also be taken …
moreTerm 'addresses' in Article 8(2)(a) of Direrctive 2004/48 refers solely to a postal address
Private International Law - Article 8(2)(a) of Directive 2004/48 on the enforcement of intellectual property rights must be interpreted as meaning that the term 'addresses' contained in that provision does not oblige platforms such as Youtube, in respect of a user who has uploades files which infringe an …
moreA natural person who has imported ball bearings weighing 710 kg in exchange for cognac and cigarettes, has used the trade mark affixed to the ball bearings in the course of trade
Trade mark law - A natural person who has imported - without the consent of the proprietor of the trade mark that is affixed to them - ball bearings weighing 710 kg on behalf of a third party and has retained and stored them, prior to their being uplifted for onward shipment to a non-Member State in exchange for a …
moreAG: Youtube is not directly liable for the illegal uploading of protected works by users
Copyright - According to Advocate General Saugmandsgaard Øe, online platfors like Youtube are - as EU law currently stands - not directly liable for the illegal uploading of protected works by the users of those platforms.
As you may know, Directive 2019/790 introduces a new liability regime specific to works …
moreCourt of Justice EU invalidates Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield
Privacy - Press release CJEU: “Commission Implementing Decision (EU) 2016/1250 of 12 July 2016 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequacy of the protection provided by the EU-US Privacy Shield is invalid.”
moreEplit appoints Leythem Wall as new president
“On 15 May 2020 at its Annual Meeting, the European Patent Litigators Association (EPLIT) appointed Leythem Wall as its new President for the 2020-2022 term. EPLIT is an association for European patent attorneys, whose objectives are for promoting their participation in user friendly, fair, efficient and cost …
moreAmazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party
Trade mark law - Amazon is not infringing Coty trade marks by storing infringing perfumes on behalf of a third party without being aware of that infringement: the Court has already pointed out that ‘using’ involves active behaviour and direct or indirect control of the act constituting the use, in order for the …
moreThe hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public
Copyright - The hiring out of motor vehicles equipped with radio receivers does not constitute a communication to the public: in the case of the supply of a radio receiver forming an integral part of a hired motor vehicle, which makes it possible to receive, without any additional intervention by the leasing company, …
moreCaroline Pigott joins HGF Edinburgh team
"Caroline Pigott has joined the HGF Scottish team. She is dual qualified as a Scottish IP Solicitor and a Chartered Trade Mark Attorney and will be based in Edinburgh. Caroline will be looking to boost the firm’s trade mark presence in the region. Caroline’s appointment follows another year of exceptional …
moreHGF announces 2 new Partners
"HGF Ltd is delighted to announce that from the 1st of May 2020, Dr Jamie Thomson based in the Edinburgh office and Dr Nienke Lubben based in the York office have been promoted to Partner, increasing the Partner group to 63 Partners.
Paul Sanderson, CEO commented, “It is my pleasure to announce that Jamie and …
moreGeneral Court did not err in law in finding that an economic link existed between Gugler France and Gugler GmbH (which precluded a likelihood of confusion)
Trade mark law - The General Court did not err in law in finding that on the date on which the application for registration of the contested Gugler Community trade mark was filed, an economic link existed between Gugler France and Gugler GmbH (which precluded the finding of a likelihood of confusion): in CJEU …
morePreliminary questions: can a trade mark proprietor oppose the further commercialization of trade mark products repaired by a non-licensed person on the basis of a collective trade mark and arcitle 13(2) CTMR?
Case C-133/20: European Pallet Association v PHZ. Preliminary questions Hoge Raad – Netherlands.
Via gov.co.uk. Preliminary questions: “1.
(a) Does successful recourse to Article 13(2) of the CTM Regulation require that the further commercialisation of the branded products concerned adversely affect or …
morePreliminary questions: Can unregistered Community designs in individual parts of a product arise as a result of disclosure of an overall image of a product?
Case: C-123/20: Ferrari. Preliminary questions Bundesgerichtshof – Germany.
Design Law. Gov.co.uk: “The following questions are referred to the Court of Justice of the European Union for a preliminary ruling on the interpretation of Article 11(1) and the first sentence of Article 11(2), as well as of Article …
moreA-G CJEU: e-mail addresses, telephone numbers and IP addresses are not covered by the concept of “names and addresses” as set out in article 8(2)(a) of the Enforcement Directive
Litigation - Case C-264/19: Constantin Film Verleih v Youtube and Google. Opinion A-G Saugmandsgaard Øe.
The dispute concerns the refusal by YouTube and Google to provide certain information required by Constantin Film Verleih with regard to users who have placed several films online in breach of Constantin …
moreCJEU clarifies criteria governing whether settlement agreements between holder of a pharmaceutical patent and generic manufacturers are contrary to EU competition law
Competition law - Article 101 TFEU. To assess whether a manufacturer of generic medicines that is not present in the market is a potential competitor of a manufacturer of originator medicines when the agreement at issue has the effect of temporarily keeping an undertaking outside a market first it must be determined …
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