UnitedCorp seeks injunctive relief from Instagram for patent infringement

IP10099

World Intellectual Property Review: 'Miami-based UnitedCorp has taken on photo-sharing platform Instagram in a patent infringement lawsuit filed at the Federal Court of Canada. According to an announcement released on Friday, February 2, UnitedCorp owns Canadian patent number 2,887,596, called “User content sharing …

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Trade secrets trial between Waymo and Uber regarding self-driving cars starts today

IP10098

Financial Times: ”The high-profile lawsuit between Uber and autonomous driving rival Waymo will go to trial this week following a nearly year-long battle of theft allegations involving encrypted texts, untraceable phones and secret meetings.[…]

 

Waymo has accused Uber of stealing eight trade secrets that …

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The evidence submitted for the first time before the EUIPO Board of Appeal did not come too late in all circumstances

IPPT20180124, CJEU, EUIPO v European Food

Trade Mark Law - Litigation - The General Court correctly held that, in the context of the invalidity proceedings based on the absolute ground for refusal, the EUIPO Board of Appeal should not, in all circumstances, rule that the that evidence submitted for the first time before the Board of Appeal must be regarded …

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ECHR: fining a clothing company for its advertising campaign with Jesus and Maria breached its freedom of expression

IP10097
Case law

Advertising Law. ECHR, 30 January 2018, appl.  No. 69317/14, SEKMADIENIS LTD. v. LITHUANIA. Sekmadienis Ltd. ran an advertisement campaign for clothing with models and captions referring  to Jesus and Maria. The company was given a fine for offending against public morals. Seksmadienis Ltd. lodged an application …

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EUIPO: likelihood of confusion between word marks “RUBY” and “RUBY FIRES” for heating apparatus

IP10096
Case law

Trade Mark Law - Board of Appeal EUIPO, 21 december 2017, Ruby Decor v Essege. The appeal is dismissed. The Board of Appeal finds that the earlier mark has been put to genuine use. The use has been proved with a large quantity of invoices of which a significant number relate to the Benelux and with advertising …

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Arrangement intended to disseminate misleading information relating to adverse reactions to medicinal products constitutes a restriction of competition

IPPT20180123, CJEU, Hoffmann-La Roche

Competition Law - Pharmaceutical Law - National competition authorities are allowed to consider medicinal products of which the MA lays outside the treatment of the diseases at issue, but can be used for this and therefore can be regarded as substitutable with other medicinal products as products in the same market. …

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Collective action against Facebook cannot proceed

IPPT20180125, CJEU, Schrems v Facebook
Case law

Privacy - Private International Law - A private Facebook account user is a consumer within the meaning of Article 15 of Brussels I Regulation, even when his activities entail publishing books, lecturing, operating websites, fundraising and being assigned the claims of numerous consumers for the purpose of their …

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#metoo trademark application withdrawn

IP10093

World Intellectual Property Review: "Hard Candy Cosmetics has withdrawn its trademark application for ‘#metoo’ following widespread public criticism.The US beauty brand, which sells make-up products through Walmart, abandoned its application to the US Patent and Trademark Office on Thursday, January 18.

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Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order

IPPT20180117, CJEU, Josel v EUIPO

Trade mark law - Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order: grounds of appeal are either manifestly inadmissible or manifestly unfounded.

 

Decision by reasoned order to dismiss the appeal against the decision of the General Court of June 28th …

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Kodak announces blockchain-powered photo rights management platform and cryptocurrency

IP10092

The Verge: “KodakCoins will work as tokens inside the new blockchain-powered KodakOne rights management platform. The platform will supposedly create a digital ledger of rights ownership that photographers can use to register and license new and old work. Both the platform and cryptocurrency are supposed to …

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Radiohead refutes that they have filed a plagiarism lawsuit against Lana Del Rey

IP10091

The Guardian: “Radiohead have refuted Lana Del Rey’s claim that they have filed a lawsuit against her that demands publishing rights to her song Get Free, thanks to its similarity to their song Creep."

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New Board at Hoyng Rokh Monegier

IP10090

From the press release: "Benoît Strowel, a member of Hoyng Monegier’s and HOYNG ROKH MONEGIER’s executive committee since 2011, will succeed Willem Hoyng as managing partner. The other members of the executive committee are Bart van den BroekChristine KanzCarl De Meyer and Luis Fernández-Novoa.

 

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CJEU about incorrect date of first marketing authorisation for an SPC

IPPT20171220, CJEU, Incyte v Szellemi Tuljdon Nemzeti Hivatala

Patent law - SPC. Date of the first MA, as stated in an application for the SPC, on the basis of which the duration of the certificate is calculated, is incorrect when the incorrect date led to a method for calculating the durating of the certificate which does not comply with the requirements of Article 13(1) of SPC …

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Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics

IPPT20171220, CJEU, Champagner Sorbet

Protected Designation of Origin - The use of a Protected designation of origin (PDO) as part of the name under which is sold a foodstuff that does not correspond to the product specifications for that PDO but contains an ingredient which does correspond to those specifications – like “Champagner Sorbet” …

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Repair clause is not limited to components of a complex product whose appearance is decisive

IPPT20171220, CJEU, Acacia v Audi and Porsche

Design law - Scope of repair clause in article 110(1) Community Design Regulation is not limited to component parts forming part of a complex product upon whose appearance the protected design is dependent. Repair clause applies only to component parts of a complex product that are visually identical to original …

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Schweppes can not oppose import of Schweppes tonic from the UK, where the trade marks have been transferred to Coca-Cola

IPPT20171220, CJEU, Schweppes v Red Paralela

Trade mark lawThe proprietor of a national trade mark from cannot oppose to the import of identical goods bearing the same mark originating in another Member State in which that mark, which initially belonged to that proprietor, is now owned by a third party which has acquired the rights thereto by assignment has …

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Request for a preliminary ruling regarding the term 'adega' in relation to wine products

IP10088
Pending Case law

Case C-629/17. Request for a preliminary ruling. Supremo Tribunal de Justiça (Portugal).

 

Trade Mark Law. Unofficial translation and summary: "The question which must be answered in the present case is whether the term ADEGA DE BORBA, which is composed of a protected designation of origin for Borba wine, …

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Request for a preliminary ruling regarding Article 3 (1) (2) Audiovisual Media Services Directive

IP10087
Pending Case law

Case C-622/17 Baltic Media Alliance. Request for a preliminary ruling. Vilniaus apygardos administracinis teismas (Lithuania).

 

Unofficial translation and summary: "Applicant (Baltic Media Alliance Ltd) is a broadcasting organization operating the television channel NTV Mir Lithuania and possesses a permit from …

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