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 …more
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 …more
The evidence submitted for the first time before the EUIPO Board of Appeal did not come too late in all circumstances
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 …more
ECHR: fining a clothing company for its advertising campaign with Jesus and Maria breached its freedom of expression
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 …more
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 …more
Request for a preliminary ruling on when an individual trade mark is used in such a way as to infringe the exclusive right of a trade mark
Request for a preliminary ruling on whether the interpretation by the CJEU of Article 2(a) Copyright directive precludes national legislation
Arrangement intended to disseminate misleading information relating to adverse reactions to medicinal products constitutes a restriction of competition
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. …more
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 …more
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.more
Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order
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 …more
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 …more
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."more
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 Broek, Christine Kanz, Carl De Meyer and Luis Fernández-Novoa.
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 …more
Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics
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” …more
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 …more
Schweppes can not oppose import of Schweppes tonic from the UK, where the trade marks have been transferred to Coca-Cola
Trade mark law - The 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 …more
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, …more
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 …more