Bundesgerichtshof annuls decisions against 3D glucose tablets marks

IP10071
Case law

On the 18th of october the Bundesgerichtshof annulled two Bundespatentgericht rulings on the eligibility for trademark protection. The Bundespatentgericht decided on the 27th of december 2016 that a three dimensional shape of a tablet with rounded corners was not eligible for protection as a trademark, because the...

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Bundesgerichtshof annuls decisions against 3D chocolate marks

IP10070
Case law

Marques: "In yesterday's decision, the German Federal Court of Justice (Bundesgerichtshof) annulled two rulings of the German Federal Patent Court (BPatG) that held both three-dimensional signs depicted below not to be eligible for protection as trade marks. […

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Use of figurative element of a composite mark is "genuine use" if distinctive character is not affected

IPPT20171011, CJEU, EUIPO v Cactus

Trade Mark Law - Judgments CIPA v Registrar (IPPT20120619) and Praktiker Bau v Deutsche Patent und Markenamt (...

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Appeal against international word mark “CHEMPIOIL” dismissed

IPPT20171005, CJEU, Wolf Oil

Trade Mark Law - A distinction should be made between the assessment of the conceptual differences between signs at issue and the overall assessment of their similarities, which form two distinct stages in the analysis of the overall likelihood...

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Court of Justice EU about Private International Law issues regarding accused design infringers in different memberstates

IPPT20170927, CJEU, Nintendo v BigBen

Private International Law - Design Law - The Community design court can, in cases where the jurisdiction towards one defendant is based on Article 82(1) Community Designs Regulation (CDR) and...

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Court of Justice EU on the essential funtion of an EU collective mark

IPPT20170920, CJEU, The Tea Board v EUIPO

Trade Mark Law - Essential function of an EU collective mark: distinguishing the goods or services of the members of the association which is the proprietor of the trademark from those of other undertakings, and not to distinguish those goods according tot heir...

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Ranee van der Straaten: The risks of personal branding

IP10067

World Trademark Review, August/September 2017, issue 68, p. 93-95, Ranee van der Straaten (Banning):“This article first appeared in World Trademark Review issue 68, published by Globe Business Media Group – IP Division. To view the issue in full,...

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Ranee van der Straaten: Smell-alikes: Lessons from Chanel and Coty's smell-alike victory

IP10066

World Trademark Review, December 2016/January 2017, issue 64, p. 22-23, Ranee van der Straaten (Banning):“This article first appeared in World Trademark Review issue 64, published by Globe Business Media Group – IP Division. To view the issue in full...

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15% discount on tickets for the IP World Summit for users of IP-PorTal

IP10062
Events

IP-PorTal is a media partner of the IP World Summit 2017 which will take place in Amsterdam from 25 - 27 September. The Summit is a “one-stop shop for IP leaders offering a mix of thought provoking and practical sessions now covering a range of approaches to IP protection and monetisation...

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Request for a preliminary ruling concerning the display of press products by commercial search engines

IP10061
Pending Case law

Copyright - Case C-299/17, VG Media. Request for a preliminary ruling. Landgericht Berlin - Germany. Applicant (VG Media) is a company which exercises the rights of §87f of the German Copyright Law of holders of related rights in digital publishing against users. On...

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Request for a preliminary ruling concerning the issuing conditions of supplementary protection certificates

IP10060
Pending Case law

Patent Law - Case C-443/17 Abraxis Bioscience. Request for a preliminary ruling. High Court of Justice UK.Applicant (Abraxis Bioscience) has filed an application for a supplementary protection certificate (SPC) with the Intellectual Property Office of the United...

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Request for a preliminary ruling concerning the disclosure of medicinal product characteristics by the Medicines Evaluation Board of the Netherlands

IP10059
Pending Case law

Patent Law - Case C-423/17 Warner-Lambert Company. Request for a preliminary ruling. Court of Appeal The Hague. Request for a preliminary ruling: 1. Must Article 11 of Directive 2001/83 or any other provision of Union law be interpreted...

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Request for a preliminary ruling concerning the availability of radio- and television programmes online

IP10058
Pending Case law

Copyright - Case C-298/17 France Télévisions. Request for a preliminary ruling. Conseil d'État (Frankrijk). The applicant asks the referring court for the annulment of a decision of 27/05/2015 by the FRA Broadcasting...

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Google trademark questioned before Supreme Court

IP10055

Ars Technica: "Is the term "google" too generic and therefore unworthy of its trademark protection? That's the question before the US Supreme Court. Words like teleprompter, thermos, hoover, aspirin, and videotape were once trademarked. They lost the status after their names became too generic and fell...

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Nintendo accused of patent infringement Switch-controllers

IP10054

Engadget: "The Nintendo Switch certainly isn't the first gaming tablet, but is it directly riffing on others' ideas? Gamevice thinks so. The accessory maker is suing Nintendo for allegedly violating a patent for concepts used in the Wikipad, its gaming-oriented Android slate, as well as its namesake add-on...

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Disney to start own streaming service and end Netflix deal

IP10053

The Verge: "Disney will end its distribution deal with Netflix and launch its own streaming service, the company announced today. It intends to launch the service in 2019. Netflix won’t lose its Disney movies right away. Disney says it plans to cut Netflix off starting with the studio’s 2019 films, and...

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German Federal Patent Court declares the three-dimensional sign of Capri-Sun invalid

IP10052
Case law

(Courtesy of Ranee van der Straaten, BANNING and Monique Hennekens) Trade mark law - Judgement of the German Federal Patent Court (Bundespatentgericht) of 28 June 2017 in the case...

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Court of Justice confirms the judgement of the General Court with regard to the likelihood of confusion 'X' and 'XKING' for tyres

IPPT20170726, CJEU, Continental Reifen v Michelin

Trade Mark Law - The view of the General Court regarding the distinctiveness of an earlier mark is based on an error in law: it is clear from the brochures provided by Michelin that the stylised letter ‘x’ is used, in isolation or in combination with other...

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Apple ordered to pay $506 million for patent infringement iPhone processors

IP10051

Reuters: “A U.S. judge on Monday ordered Apple Inc to pay $506 million for infringing on a patent owned by the University of Wisconsin-Madison's patent licensing arm, more than doubling the damages initially imposed on Apple by a jury. […]

 

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