Rule set out in CIPA v Registrar judgment not applicable to registration of trade marks before delivery of that judgment
Trade Mark Law - General Court did not commit an error in law by granting Scooters India protection for all goods listed in the alphabetical list of class 12.
moreTV & radio broadcasts on TV sets in hotel rooms do not constitute a communication made in a place accessible to the public against payment of an entrance fee
Copyright - The communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.
moreCJEU on advertisement comparing prices of goods sold in shops with different sizes or formats
Advertising Law - Advertising comparing the prices of goods sold in shops having different sizes or formats, is liable to be unlawful, where those shops are part of retail chains each of which includes a range of shops having...
moreGeneral retention of user's data relating to electronic communication in breach with Directive on privacy and electronic communications
Privacy - National legislation providing for general and indiscriminate retention of all traffic and location data of subscribers and registered users relating to all means of electronic communication in breach with Directive on privacy and electronic...
moreProprietor EU trade mark does not have to prove genuine use within five years following registration
Trade Mark Law - Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar...
moreTransitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005
Advertising Law - The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a...
moreFrench legislation about 'out-of-print' books in breach of Directive 2001/29
Copyright: French legilsation which authorizes an approved collecting society to reproduce and commercially exploit out-of-print books and gives authors the right to oppose only under certain circumstances is in breach of Directive 2001/29.
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Trade mark proprietor cannot oppose trade of repackaged medicine when the medicine cannot be marketed in the same outer packaging in the importing State
Trade Mark Law: Trademark proprietor cannot oppose the trade of a repackaged medicine when a) the medicine cannot be marketed in the importing State in the same outer packaging as in the exporting State and b) when the importer has demonstrated that the...
moreGeneral Court has to take into consideration the non-visible functional elements of the Rubik's Cube
Trade Mark Law - The EUIPO and the General Court should have taken into consideration the non-visible functional elements of the object, such as the rotating capability, when investigating the functional nature of the object
moreCJEU: General Court unclear in its considerations on the laudatory character of the word 'So'
Trade Mark Law - The General Court infringed its obligation to state reasons by presenting contradicting statements on the laudatory character of the word ‘so’ in its reasoning
moreDividing subscription fees into monthly and six-monthly components must be regarded as misleading
Advertising Law: Dividing the price of a product into several components and highlighting one of them must be regarded as misleading.
moreRevocation earlier mark rightly not taken into consideration to assess likelihood of confusion
Trade Mark Law - The General Court did not err in law by not taking in consideration the revocation of the old trademark in the decision on likelihood of confusion.
moreParallel importer of certified self-diagnosis device not obliged to confirm conformity of translation label in importing Member State
Unfair Commercial Practices - Parallel importer of a self-diagnosis device is not obliged to carry out a new assessment in the importing Member State to certify the conformity of the labelling and the translation of the instructions for its use, when that...
moreBack-up copy of a computer program may not be provided to another without authorisation of the rightholder
Copyright: First acquirer of a computer program may not provide his back-up copy of that program when the original is damaged, destroyed or lost without authorisation of the rightholder
moreCJEU on transitional provisions SPC Regulation for Medicinal Products
Patent Law: The Court does not have jurisdiction to rule on the validity of Article 21(2) of SPC Regulation for Medicinal Products. Article 21(2) of SPC Regulation for Medicinal Products applies to a supplementary protection certificate granted by a Member...
moreIndividual portions constitute a 'pre-packaged foodstuf' when sold separately or as part of pre-prepared meal
Advertising law: Every individual portion of honey closed by an aluminium seal supplied to mass caterers, constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or as part of pre-prepared meals for an all-inclusive...
moreUse of sign that creates likelihood allowed if in this part of the Union no likehood of confusion has been found
Trade Mark Law: Where an EU trade mark court finds that the use of a sign creates a likelihood of confusion with an EU trade mark in one part whilst not in another part, that court must conclude to an infringement of the exclusive right for the entire area...
moreError in law has no impact on the operative part of the judgement under appeal
Trade Mark Law - Although the General Court has erred in law regarding the admissibility of arguments put forward by Pensa Pharma, this has no impact on the operative part of the judgment under appeal
moreItalian legislation on fair compensation in breach with EU law
Copyright - Article 5(2)(b) of Directive 2001/29/EC precludes national legislation that depends on agreements between, on the one hand, an entity which has a legal monopoly on the representation of the interests of authors of works and, on the other hand,...
moreBan on publication portrait rapper not in breach of Article 10 ECHR
Publication - Reticence is appropriate when publishing a portrait of someone who is suspected of a serious crime
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