IPPT20090903, CJEU, Aceites del Sur v Koipe - Carbonell v La Espanola

IPPT20090903, CJEU, Aceites del Sur v Koipe - Carbonell v La Espanola

Dominant figurative element: The Court of First Instance thus attributed to the figurative element of the marks at issue the character of a dominant element in relation to the other elements comprising those marks, in particular the word element. That enabled it correctly to base its assessment on...

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IPPT20090903, ECJ, AHP v BIE

IPPT20090903, ECJ, AHP v BIE
Grant of an SPC is possible to the holder of a basic patent for a product for which one or more SPCs have already been granted to one or more holders of one or more other basic more

IPPT20090702, CJEU, Bavaria cs v Bayerische Brauerbund

IPPT20090702, CJEU, Bavaria cs v Bayerische Brauerbund

No adverse affect Geographical Indications Regulation 1347/2001 on pre-existing Bavaria trademarks. Geographical Indications Regulation 1347/2001 valid.

 

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IPPT20090716, ECJ, Infopaq v DDF

IPPT20090716, ECJ, Infopaq v DDF

The act of printing out an extract of 11 words, during a data capture process does not fulfil the condition of being transient in nature and, therefore, that process cannot be carried out without the consent of the relevant rightholders. An extract of a protected work comprising 11 words, is such...

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IPPT20090716, ECJ, American Clothing v OHIM

IPPT20090716, ECJ, American Clothing v OHIM
Protection of State emblems is not subject to there being a connection, in the mind of the public, between the trade mark for which registration is sought and the emblem. Trade marks for goods and service marks: Registration of a trade mark must be refused, whether the more

ECJ, FEIA v Cul de Sac

IPPT1
Proprietor of the right to an unregistered design: The right to the Community design vests in the designer, unless it has been assigned by way of contract to his successor in title. Principal is not the proprietor of the right to the Community more

IPPT20090702, ECJ, Davidoff v Bundesfinanzdirektion Sudost

IPPT20090702, ECJ, Davidoff v Bundesfinanzdirektion Sudost

For purposes of customs action, an internationally registered trade mark and a Community trade mark have the same effects.

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IPPT20090618, ECJ, L'Oreal v Bellure

IPPT20090618, ECJ, L'Oreal v Bellure
Comparison lists: Unfair advantage where the third party seeks to ride on the coat-tails of the mark with a reputation in order to benefit from the power of attraction, the reputation and the prestige of that mark and to exploit, without paying any financial compensation, the marketing effort more

IPPT20090611, ECJ, Lindt & Sprungli v Frans Hauswirth

IPPT20090611, ECJ, Lindt & Sprungli v Frans Hauswirth
Registration in bad faith: Take into consideration all the relevant factors specific to the particular case which pertained at the time of filing the application: (i) the fact that the applicant knows or must know that a third party is using an identical or similar sign (ii) the applicants more

IPPT20090507, ECJ, Rotterdam v Rijkeboer

IPPT20090507, ECJ, Rotterdam v Rijkeboer
Rules limiting the storage of information on the recipients of personal data and on the content of the data disclosed to a period of one year and correspondingly limiting access to that information, while basic data is stored for a much longer period, do not constitute a fair balance of the more

IPPT20090430, ECJ, BIOS v Saarland

IPPT20090430, ECJ, BIOS v Saarland
Not a medicinal product by function where it constitutes a risk to health: A product which includes in its composition a substance which has a physiological effect when used in a particular dosage is not a medicinal product by function where it constitutes a risk to health without, however, more

IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst

IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst
A license is not a contract for the provision of services: A contract under which the owner of an intellectual property right grants its contractual partner the right to use that right in return for remuneration is not a contract for the provision of services within the meaning of Article 5(1)(b) more

Effect on trade between Member States serves as a criterion to define the scrope of Community competition law

IPPT20090423, CJEU, AEPI v Commission

Comptetition Law - As for the concept of serious impediments to the proper functioning of the common market, it may constitute one of the criteria for evaluating whether there is sufficient Community interest to necessitate the investigation...

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Prohibiting sales to discount stores that are not part of a selective distribution network possible

IPPT20090423, ECJ, Copad v Dior

Trade Mark Law - Prohibiting sales to discount stores possible: It is conceivable that the sale of luxury goods by the licensee to third parties that are not part of the selective distribution network might affect the quality itself of those...

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IPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma

IPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma

Marketing Law - General prohibition of combined offers is not permissible: The Directive must be interpreted as precluding national legislation which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor...

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Dissemination by a third party of information about a medicinal product may be regarded as adversiting

IPPT20090402, ECJ, Damgaard

Advertising Law  - Pharmaceutical Law - Dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising, even though the third party in question is...

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Handover of journalistic materials proportionate given the nature and seriousness of the crimes

IPPT20090331, ECHR, Sanoma v The Netherlands

Publication - handover of journalistic materials proportionate given the nature and seriousness of the crimes: ramming wall with a shovel. The actions of the police and the public prosecutors were characterised by a regrettable lack of...

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Acquisition of prototypes and management of intellectual property is not an economic activity since there is no offer of goods or services

IPPT20090326, ECJ, Selex v Commission - Eurocontrol

Competition Law - The acquisition of prototypes and the related management of intellectual property rights does not make that activity an economic one, since the acquisition did not involve the offer of goods or services on a given market....

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Budvar's evidence clearly sufficient to prove genuine use of earlier international work mark BUDWEISER

IPPT20090325, CFI, Anheuser-Busch v OHIM - Budweiser

Trade Mark Law - The Board of Appeal referred, in particular, to advertisements showing images of Budvar beer bearing the mark BUDWEISER, to invoices sent to customers in Germany and Austria and to the fact that those advertisements and...

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Requirement to publish qualification to article in internet archive is no interference with freedom of expression

IPPT20090310, ECHR, Times Newspapers v The United Kingdom

Publication - Privacy - Requirement to publish qualification to an article contained in an Internet archive does not constitute a disproportionate interference with the freedom of expression.

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