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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Appeal dismissed

IPPT20170726, CJEU, Meica v Salumificio Fratelli

Trade Mark Law - General Court made no error in law by holding that the Board of Appeal was fully entitled - after a global assessment - to conclude that there was no likelihood of confusion between the marks at issue. 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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Zoom.in sentenced to grant unrestricted access to its CMS to MN

IPPT20170601 NLDC Amsterdam, MN v Zoom in

IP contract law - Zoom.in failed to sufficiently demonstrate that meetings its obligations towards MN, would lead to the demise of the company:  It can by no means be concluded that an agreement with YouTube, with the retention of the identity and independence of MN, could not be in agreement with...

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Courtesy of Diederik Stols, Boekx Advocaten

Peaceful coexistence between marks in part of EU does not mean no likelihood of confusion in other part of EU

IPPT20170720, CJEU Ornua v Tindale

Trade Mark Law - The fact that EU trade mark and national mark peacefully coexist in part of the European Union does not allow the conclusion that in another part of the European Union, where peaceful coexistence between that EU trade mark...

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Opinion A-G ECJ concerning exclusive jurisdiction of article 22(4) Brussel I

IP10049
Pending Case law

Trade Mark Law - Litigation - The A-G concludes that an action (seeking an order requiring the person formally registered as proprietor of a Benelux mark to make a declaration to...

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A trade mark which refers to a good or service of high quality which is abundantly present cannot be indicated as geographical origin

IPPT20170706, CJEU, Moreno Marin v Abadia Retuerta

Trade Mark Law - A trade mark such as LA MILLA DE ORO – which refers to a good or service with a high degree of value which is abundantly present in a single place – cannot constitute an...

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NLO: Can a plant rule supplant a plant decision?

IP10048

In 2015, the so-called Tomato-II and Broccoli-II cases (G 2/12 and G 2/13) reached decisions from the Enlarged Board of Appeal. These decisions held that ‘plant products such as fruits, seeds and parts of plants are patentable even if they are obtained through essentially biological...

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EPO amends regulations on patentability of plants and animals

IP10047

From the press release: "Munich, 29 June 2017 -- On a proposal of the European Patent Office its Administrative Council took a decision to amend the relevant Regulations in order to exclude from patentability plants and animals exclusively obtained by an essentially biological breeding process.

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The disparagement clause violates the First Amendment’s Free Speech Clause

IPPT20170619, USSC, Matal v Tam

Trade mark law - Free speech - The disparagement clause violates the First Amendment’s Free Speech Clause: the disparagement clause reaches any trademark that disparages any person, group, or institution, goes much further than necessary and is...

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New Regulation on the European Union trade mark from 1 October 2017

IP10046

Regulation (EU) 2017/1001 of 14 June 2017 on the European Union trade mark (codification) has been published in the Official Journal of the European Union on 16 June 2017.

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Purely plant based products may in principle not be marketed under designations for milk products

IPPT20170614, CJEU, VSW v TofuTown

Sales Descriptions - Purely plant based products may not be marketed under terms as ‘milk’ and other designations that are reserved exclusively for milk products by Regulation No 1308/2013: even if those terms are expanded upon by clarifying or descriptive terms indicating the plant origin of the...

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