Request for a preliminary ruling concerning the three-dimensional trade mark

IP10204
Case law

Case C-237/19Request for a preliminary ruling from the Kúria (Hungary)

 

minbuza.nl (unofficial translation from Dutch): "Gömböc has applied for registration of three-dimensional sign as a trade mark for decorative objects (umbrella and decorative objects made of glass and ceramics) and toys in Hungary at the …

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Community Design for fluid distribution equipment declared invalid

IP10203
Case law

Design Law - Proceedings regarding the Registered Community Design for ‘fluid distribution equipment’. (Courtesy of Gert-Jan van den Bergh en Auke van Hoek, Bergh Stoop & Sanders en Berber Brouwer, Brouwer & Law)

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Preliminary question about supplementary protection certificate

IP10202
Case law

Case C-354/19: Novartis AG v Patent-och registreringsverket

 

Patent law - "Request for preliminary ruling, on the interpretation of Article 3(c) of Regulation No 469/2009 and Article 3(2) of Regulation No 1610/96"

 

"1. Is the obligation on a national court to interpret the Directive 2006/115 on rental right …

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Preliminary questions about the interpretation of the Rental Directive

IP10201
Case law

Case C-265/19: Recorded Artists Actors Performers Limited v Phonographic Performance (Ireland) Limited

 

Copyright - "Preliminary reference on the interpretation of Directive 2006/115/EC"

 

Preliminary questions: 

"1. Is the obligation on a national court to interpret the Directive 2006/115 on rental right …

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Copyright dispute between Google and Genius about lyric scraping

IP10200

Wired.com: "Over the weekend, the music annotation site Genius publicly accused search juggernaut Google of stealing its crowdsourced song transcripts and natively publishing them on its search pages in knowledge panels Google calls its “One Box.” Doing so, Genius alleges, hurts Genius’ bottom line by diverting …

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General Court EU confirms invalidity of the adidas EU trade mark which consists of three parallel stripes applied in any direction

IPPT20190619, General Court EU, Adidas v EUIPO

Trade mark law - General Court EU Press Release: “[…] In today’s judgment, the General Court upholds the annulment decision, dismissing the action brought by adidas against the EUIPO decision. The General Court notes, first of all, that the mark is not a pattern mark composed of a series of regularly repetitive …

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Niantic is suing an association of hackers that allegedly makes and distributes “hacked” versions of its games

IP10199

businessinsider.nl: "Niantic, the creator of “Pokémon Go” and the forthcoming “Harry Potter: Wizards Unite,” has filed suit against Global++, an “association of hackers” that allegedly makes and distributes “hacked” versions of its games.

Those versions, which Niantic calls “hacked” and Global++ …

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Music and movie works enjoy copyright protection for 50 years in Saudi Arabia

IP10198

Zawya.com: "The approval of the Saudi Authority for Intellectual Property (SAIP) is a must to make any changes in folklore, which is considered to be a public property owned by the state, informed sources told Okaz/Saudi Gazette.

 

The recently-approved rules and executive bylaws for the copyright protection law …

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SkypeOut is an electronic communications service within the meaning of the Framework Directive

IPPT20190605, CJEU, Skype v IBPT

Electronic Communications Services - A VoIP service is an electronic communications service when the publisher is remunerated for the provision of this service and the provision is subject to an agreement between the providers of telecommunications services who are duly authorised to send and terminate calls to the …

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Trade mark VERMÖGENSMANUFAKTUR declared invalid in respect of all services in Classes 35 and 36

IPPT20190515, CJEU, VM Vermogens Management

Trade Mark LawArgument that trade mark VERMÖGENSMANUFAKTUR (registered prior to IP-translator (IPPT20120619)) has been annulled only for services falling under the literal meaning of the headings of Classes 35 and 36 fails: the trade mark was protected in respect of all services in those classes and therefore …

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Sign that is represented by a colour drawing with defined contours cannot be registered as a colour mark

IPPT20190327, CJEU, Hartwall

Trade Mark Law - Classification given by the applicant when registering a sign as a "colour mark" or "figurative mark" is a relevant factor amongst others to establish whether that sign can constitute a trade mark under Article 2 of the Trade Mark Directive 2008 and whether this mark has distinctive character under …

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U.S. Trademark Office makes registering certain cannabis trademarks possible

IP10196

National Law Review: "On May 2, 2019, the United States Trademark Office issued new Examination Guidelines for goods and services associated with cannabis and cannabis-derived products and services legalized under the 2018 Farm Bill. This crack in the federal armor against the cannabis economy opens the door for the …

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Iron Maiden files lawsuit against 'Ion Maiden' over trademark infringement

IP10195

forbes.com: "With a musical legacy that spans over 40 years — and counting — Iron Maiden is indisputably, as its website maintains, "an institution."

 

[...]

 

And now they are plaintiffs in a trademark infringement lawsuit filed in California federal court. The suit is over a video game called "Ion Maiden," …

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Ariana Grande is being sued for copyright infringement by posting photos of herself

IP10194

PetaPixel message: "Ariana Grande made headlines a couple of months ago for striking back at “greedy photographers” with a concert tour photo contract that demands full copyright to photos. Now the singer is being sued by a photographer for posting his photos of her without permission on Instagram. 

 

[...]

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A registered name may be evoked through the use of figurative signs

IPPT20190502, CJEU, Fundación Queso Manchego v IQC

Protected designation of originA registered name may be evoked through the use of figurative signs. The use of figurative signs evoking the geographical area with which a designation of origin is associated may constitute evocation of that designation, including where such figurative signs are used by a producer …

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Opinion AG CJEU: the copyright protection of a work of applied art does not require a stronger artistic character

IP10193

Case C-683/17: Cofemel v G-Star. Opinion A-G Szpunar van 2 mei 2019. Preliminary questions Supremo Tribunal de Justiça, Portugal.

 

Copyright - G-Star has marketed jeans of the Arc model under one of its brands and sweaters and T-shirts of the Rowdy model. G-Star submitted to a Portuguese court at first instance …

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Guns N' Roses files lawsuit against brewery over a drink called Guns 'N' Rosé

IP10192

CNN: “Legendary rock band Guns N' Roses has filed a lawsuit against a Colorado brewery for trademark infringement over a beer called Guns 'N' Rosé.

 

The band claims that Canarchy Craft Brewing Collective's Oskar Blues Brewery started selling the craft ale as early as 2018 without the band's approval, according …

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CJEU on SCP concerning new formulation of an old active ingredient

IPPT20190321, CJEU, Abraxis Bioscience

Patent lawMarketing authorisation relied on in support of an application for a SPC concerning a new formulation of an old active ingredient, cannot be regarded as being the first marketing authorisation for the product concerned as a medicinal product in the case where that active ingredient has already been the …

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55 million pirated views on Game of Thrones' season 8 premiere after only 24 hours

IP10191

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 …

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Copyright reform clears final hurdle: Commission welcomes approval of modernised rules fit for digital age

IP10190

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, …

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