CJEU about 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 …


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

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 …


Preliminary questions about jurisdiction of EU trade mark court


Case C-172/18: AMS Neve and others. Preliminary questions Court of Appeal United Kingdom


Trade Mark Law. The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement …


$ 19,2 million in statutory damages for infringement Harley-Davidson trademark


World Intellectual Property Review: "Motorcycle manufacturer Harley-Davidson has secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, in what is Harley-Davidson’s largest-ever trademark infringement win. In May last year, Harley-Davidson accused SunFrog of selling …


IViR Summer Courses on Privacy Law & Policy en International Copyright Law




This summer, the Institute for Information Law (IViR), affiliated with the University of Amsterdam, will hold its annual Summer Courses on International Copyright Law and on Privacy Law and Policy. Both courses will …


Invitation to HGF's INTA Drinks Reception


Please join us at our INTA drinks reception on Monday 21st May to celebrate HGF's significant growth over the last 12 months. 


Our reception will be held at the award winning Loulay Kitchen & Bar which is less than a 5 minute walk to the Convention Centre.


Monday 21st May

5pm - 7pm


RSVP to Sinead …


Trademark lawsuit against firm behind 'Alibabacoin' filed by Alibaba


 Alibaba Group Holding Ltd on Monday sued a Dubai-based firm it said has caused confusion by using its trademarked name to raise more than $3.5 million in cryptocurrency known as “Alibabacoins.”


Joint statement European IP organisations regarding the negotiations concerning Brexit


"We do of course understand that there are many pressing issues connected to the negotiations. We wish, however, to emphasize the importance of IP for the economy in Europe, both in the EU27 and in the United Kingdom (UK). This view is well supported by previous studies made by the European Observatory on …


Dolby sues Adobe for dodging license fees


The Register: "Audio specialist Dolby Labs is suing Adobe for copyright violation as the two companies sit at odds over licensing payments.

complaint [PDF] filed with the Northern California District Court accuses Adobe of violating its copyright on nine different media encoders and software routines. The …


'China will strengthen punishment of intellectual property rights violations'


China will strengthen punishment of intellectual property rights violations and provide equal protection to both Chinese and foreign companies, the head of the intellectual property rights office said on Tuesday.


CJEU: the existence of alternative designs isn’t decisive in order to ascertain whether the relevant features of appearance of a product are solely dictated by its technical function.

IPPT20180308, CJEU, Doceram v CeramTec

Design Law - In order to ascertain whether the features of appearance of a product are solely dictated by its function, it must be established that the function is the only factor which dictated those characteristics: the existence of alternative designs isn’t decisive. In order to ascertain whether the product is …


Opinion AG CJEU on geographical indications for Whisky

Pending Case law

Geographical IndicationsCase C-44/17 The Scotch Whisky Association. Preliminary questions. Landgericht Hamburg (Germany). Opinion A-G Saugmandsgaard Øe


From the press release: "Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical …


Preliminary questions about obligation of host-service to prevent further violations after violating personality rights

Pending Case law

Privacy. Case C-18/18. Request for a preliminary ruling. Oberster Gerichtshof (Austria).


Unofficial translation: "Preliminary questions:

1. Does Article 15 (1) of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in …


Preliminary questions about registration of a fabric pattern as trademark

Pending Case law

Trade mark law. Case C-21/18 Textilis. Request for a preliminary ruling. Patent- och marknadsöverdomstolen (Sweden). 


Unofficial translation: "Preliminary questions: 

1. Must Article 4 of Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No …


Council authorises ratification Marrakesh Treaty on access to published works for blind and visually impaired persons


Press release Council of the EU: "The Council today adopted a decision approving the conclusion of the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled. 


The Marrakesh Treaty establishes a set of international rules which ensure …


Deloitte launches Patent Reports


Deloitte press release: "As from today, DeloitteSmartReports.com is also offering patent benchmark reports. The reports are created by using artificial intelligence to analyze over 70 million patents filed by 268.000 businesses worldwide. Next-generation analytics allows us to benchmark your business against its …


Preliminary questions: bad faith when applying to register a trade mark without any intention to use it?

Case law

England and Wales High Court (Chancery Division), 23 January 2018, Sky v Skykick, [2018] EWHC 155 (Ch)


Sky is the registered proprietor of a number of EU trade marks “SKY”, among which two figurative marks. Sky contends that Skykick have infringed these EU trade marks. SkyKick denies infringement and issued a …


Opinion AG CJEU: Clarification of the application of Specific Mechanism

Case law

Patent Law - SPC - Case C-681/16: Pfizer Ireland Pharmaceuticals v Orifarm, Opinion AG E. Tanchev


The plaintiff was the registered holder of an SPC protecting the protein Etanercept. Etanercept is an active substance of the drug Enbrel® that the plaintiff produces and markets in Germany. The German Patent and …


Louboutin cannot benefit from the introduction of the 'position' mark into EU law

Case law

(Courtesy of Margot van Gerwen, Maarten Rijks and Eelco Bergsma, TaylorWessing and Jesse Hofhuis, Hofhuis Alkema Groen)

Trade mark law - Additional opinion following the reopened oral hearing in case Louboutin v van Haren. A reopening was called for after questions were raised by the Ninth Chamber about EU …