A sign consisting of two-dimensional decorative patterns affixed to goods such as fabric or paper does not 'consist exclusively of the shape'

IPPT20190314, CJEU, Textilis v Svenskt Tenn

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 …

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UN expert criticizes the new Copyright Directive

IP10186
Article

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 …

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Invalidity of the contested design for a box of sweets based on an older trade mark upheld

IPPT20190306, CJEU, BMB v EUIPO

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 …

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CJEU on communication of carve out is request to limit the scope of the marketing authorisation of the generic medicinal product

IPPT20190214, CJEU, De Staat v Warner-Lambert

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), …

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Manchester United orders Panini Cheapskates to stop selling drawings of their ex-players

IP10185

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 …

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CJEU on requirement to package a product covered by a protected geographical indication in its geographical area of production

IPPT20181219, CJEU, Schwarzwalder Schinken

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, …

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The Netherlands, Luxembourg, Poland, Italy and Finland do not support the end-result of the new Copyright Directive

IP10184
Article

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 …

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A-G CJEU: “Sampling” without permission of the producer of the first phonogram is copyright infringement

IP10183
Case law

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 …

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CJEU on genuine use of a three-dimensional trade mark on which a word mark has been affixed

IPPT20190123, CJEU, Klement v EUIPO

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. …

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Cystus has not been put to genuine use despite being used on the packaging of the goods concerned

IPPT20190131, CJEU, Pandalis v EUIPO

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 …

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McDonald’s EU word mark BIG MAC revoked by the EUIPO

IP10182
Case law

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 …

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Leythem Wall joins HGF in The Hague Office

IP10181
Article

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 …

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Editor in chief Dick van Engelen on copyright protection of food products

IP10172

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.

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AG: Google must accede to a request for the dereferencing of sensitive data, except for the exceptions under Directive 95/46

IP10180
Pending Case law

Curia press release: "[...] In his Opinion delivered today, Advocate General Maciej Szpunar begins by stating that the provisions of Directive 95/46 should be interpreted in such a way as to take account of the responsibilities, powers and capabilities of a search engine. Thus, he points out that the prohibitions and …

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AG: the Court should restrict the scope of the dereferencing that Google has to carry out to the EU

IP10179
Pending Case law

Curia press release: ''[…] In today’s Opinion, Advocate General Maciej Szpunar begins by indicating that the provisions of EU law applicable to the present case do not expressly govern the issue of the territorial scope of de-referencing. He therefore takes the view that a distinction must be made depending on …

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China develops intellectual property rights protection

IP10178

The Telegraph: "China’s State Council Information Office held a press conference on 11 December, focusing on reform and opening-up and intellectual property right (IPR) development. Deputies of IPR protection were invited to the conference, sharing their own experience and stories, and introducing China’s historic …

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Vans is suing Primark for trademark infringement

IP10177

Independent.co.uk: "Vans and parent company VF Corp is suing Primark for allegedly copying the design of two of its iconic skateboard trainers. Vans claims Primark has been selling "intentional copies" of the trainers since 2017, and had thought the matter was settled last January after asking them to stop. However, …

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A number of artistic work from 1923, protected by US copyright, is now copyright free

IP10176

Hyperallergic.com: "On January 1, a number of films, books, songs, and artistic works once protected by US copyright, and all from the year 1923, will suddenly be in the public domain. So starting today (January 1) anyone can freely read, cite, or republish.

 

That includes Marcel Duchamp’s original "The …

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Nirvana is suing Marc Jacobs for copyright infringement

IP10175

Highsnobiety: "Nirvana is suing Marc Jacobs for copyright infringement in Redux Grunge Collection. The case concerns Marc Jacobs’ November 2018 Redux Grunge Collection, which the band claims uses the smiley face logo created by Kurt Cobain in 1991. Additionally, the band states that the fashion brand also used …

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Japan has extended its copyright protection term

IP10174

Digitial Music News: "[...] Under pressure from entertainment companies, Japan has just extended its copyright protection term. [...] In Japan, copyright protection has now been extended from 50 years to 70 years after the author’s passing. [...]."

 

Read more here.

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