CJEU: Louboutin's red sole is a valid trade mark

IPPT20180612, CJEU, Louboutin v Van Haren

(Courtesy of Jesse Hofhuis, Hofhuis Alkema Groen and Thierry van Innis, Van Innis & DelarueTrade mark law  - Article 3 (1) (e) (iii) of Directive 2008/95 / EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be …

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Opinion AG CJEU on applicability of strict assessment criteria for distinctive character of signs that coincide with the appearance of the goods

IP10130
Pending Case law

Trade Mark LawCase C-26/17 P. Birkenstock v EUIPO. Appeal. Opinion AG Szpunar. Opinion on the partial refusal of the pictured figurative mark of Birkenstock. The opinion is limited to the first part of the appeal, discussing mostly the criteria for the application of the strict requirements that are used in the …

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Opinion AG CJEU: No presumption of liability of holders of internet connection for copyright infringements

IP10129
Pending Case law

Copyright. IP enforcement. Case C-149/17: Bastei Lübbe v Strotzer. Opinion A-G Szpunar. Preliminary questions Landgericht München I – Germany. 

Bastei Lübbe is a producer of phonograms and holder of the copyrights and neighbouring rights to the audio version of a book. This phonogram has been shared with an …

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The administrator of a fan page on Facebook is jointly responsible for the processing of data

IPPT20180605, CJEU, Wirtschaftsakademie Schleswig-Holstein

Privacy - The administrator of a fan page hosted on Facebook is responsible for the personal data of the visitors to its fan page: the fact that an administrator uses the platform provided by Facebook cannot exempt it from compliance with its obligations concerning the protection of personal data. Where an undertaking …

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Association with a registered geographical indication not sufficient to establish ‘indirect commercial use’ or ‘evocation’ of this indication

IPPT20180607, CJEU, Scotch Whisky Association

Protected designation of origin - For the purpose of establishing that there is ‘indirect commercial use’ of a registered geographical indication, the disputed element must be used in a form that is either identical to that indication or phonetically and/or visually similar to it:  not sufficient that that …

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The CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court

IPPT20180530, CJEU, L'Oréal

Trade Mark Law - The CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court: the General Court distorted the facts and arguments made by L’ Oréal and infringed Article 8(1)(b) of the EU Trade Mark Regulation. The Judgement of the General Court, stating that that the most distinctive …

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Copyright rules for the digital environment: Council agrees its position

IP10128

On the 25th of May the Council has given its vision about a proposal aimed at adapting EU copyright rules to the digital environment. "The main objective of the directive is to modernise the European copyright framework and adapt it to the requirements of the digital age. By contributing to the harmonisation of …

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Use of applicant's forename does not constitute a due cause

IPPT20180530, CJEU, Tsujimoto v EUIPO

Trade Mark Law - General Court was fully entitled to conclude that word mark KENZO ESTATE of which registration was applied for was similar to the earlier word mark KENZO: mark applied for consists of earlier mark + element that lacks distinctiveness. Use of appellant’s forename in mark applied for does not …

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Developer PUBG sues developer Fortnite due to copyright infringement

IP10127

The Korea Times States: “Korean game developer PUBG, a subsidiary of Bluehole, has filed a copyright violation lawsuit against U.S.-based Epic Games, asking a court to determine whether the latter's "Fortnite" was copied from the former's "PlayerUnknown's Battlegrounds."

A PUBG official said Friday that the firm …

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New Delegated Regulation and Implementing Regulation on the European Trade Mark Regulation

IP10126

The Delegated Regulation (2018/625) and the Implementing Regulation (2018/626) have been published in the Official Journal of the European Union on 24 April 2018. Delegated Regulation (2017/1430) and Implementing Regulation (2017/1413) have been repealed. The new Regulations entered into force on on 14 May 2018 and …

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UNION-IP Designs Round-Table in London on 8 June 2018

IP10125
Calendar

Union-IP organises the UNION-IP Designs Round-Table in London on 08 June 2018.

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HGF opens its 16th Office: Westport, Ireland

IP10124

HGF bericht: "HGF are continuing to expand, with a strategic move into Ireland and the opening of its 16th office in Westport in the West of Ireland. The office location was chosen to capitalise on investments in the life sciences sector and be in close proximity to Galway, a globally recognised hub for MedTech …

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EUIPO: Design 'Bunch-O-Balloons' invalid

IP10123

EUIPO declared the Bunch-O Balloons design of Tinnus Enterprises with No 001431829-0006 invalid because its appearance is solely dictated by its technical function. 

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Courtesy of Esther Schnepper and Berber Brouwer, Bergh Stoop & Sanders Advocaten

EU trade mark HP not descriptive, sufficiently distinctive and registered in good faith

IPPT20180424, General Court EU, Senetic v EUIPO
HP logo

Trade Mark Law - Senetic filed an application for a declaration of invalidity of the EU trade mark registrations of HP on the grounds that the marks were descriptive, lacked distinctiveness and that the registration of the marks was done in bad faith. 

 

 

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UK ratifies the Unified Patent Court Agreement

IP10122

From the press release: “The Minister for Intellectual Property, Sam Gyimah MP, has today (26 April 2018) confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA). Our ratification brings the international court one step closer to reality. […]

 

Innovative businesses will benefit …

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Opinion AG CJEU: No SPC for active ingredients that are not mentioned in the words of the claims of the basis patent

IP10121
Pending Case law

Patent Law - SPCs. Case C-121/17: Teva v Gilead. Opinion A-G Wathelet. Preliminary questions High Court of Justice of England and Wales, Chancery Division.

 

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CJEU on the concept of "competitive disadvantage" point c, second paragraph of Article 102 of the TFEU

IPPT20180419, CJEU, Meo v Autoridade da Concorrencia

Abuse of a dominant position - Interpretation concept of “competetive disadvantage” (subparagraph (c) of the second paragraph of Article 102 TFEU) where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in which that behaviour is capable of …

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CJEU on seniority revoked national trade mark

IPPT20180419, CJEU, Peek & Cloppenburg

Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a legal effect after it has been renounced. Article 14 Trade Marks Directive 2008 in conjunction with Article 34 (2) EU Trade Mark Regulation precludes national legislation whereby the invalidity or revocation of an …

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Opinion AG CJEU: EUIPO must re-examine trade mark three-dimensional 'Kit Kat 4 fingers'

IP10119
Pending Case law

Trade Mark Law. Case C‑84/17 P Société des produits Nestlé v Mondelez UK Holdings & Services. Opinion AG Wathelet.

 

From the press release: "According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as …

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