Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a have a curative effect in such a way as to maintain the rights attached to it after it has been surrendered. Trade mark proprietor declared his surrender of the mark or allowed it to lapse. EU law precludes national …more
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 …more
Case C-172/18: AMS Neve and others. Prejudiciële vragen. Court of Appeal United Kingdom
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 and offer for sale …more
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 …more
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 …more
IViR: "SUMMER COURSES IN AMSTERDAM: INTERNATIONAL COPYRIGHT LAW & PRIVACY LAW AND POLICY
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 …more
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
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.”more
"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 …more
The Register: "Audio specialist Dolby Labs is suing Adobe for copyright violation as the two companies sit at odds over licensing payments.
A complaint [PDF] filed with the Northern California District Court accuses Adobe of violating its copyright on nine different media encoders and software routines. The …more
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.more
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.
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 …more
From the press release: "Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical …more
Preliminary questions about obligation of host-service to prevent further violations after violating personality rights
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 …more
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 …more
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 …more
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 …more
Preliminary questions: bad faith when applying to register a trade mark without any intention to use it?
Case C-371-18 Sky v Skykick. Request for preliminary ruling. England and Wales High Court (Chancery Division).
Trade Mark Law. 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 …more
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 …more
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 …more