IP-PorTal

IPPT20091015, ECJ, Makro v Diesel

Implied consent and placing of goods on the market by a third party: The consent to the marketing of goods bearing the mark carried out directly in the EEA by a third party who has no economic link to the pro-prietor may be implied, in so far as such consent is to be inferred from facts and circumstances prior to, … more

IPPT20091006, ECJ, Pago v Tirolmilch

Trade mark with a reputationThe territory of the Member State in question may be considered to constitute a substantial part of the territory of the Community.

IPPT20090908, ECJ, Liga Portuguesa & Bwin International

Prohibition of legitimate foreign operators from offering games of chance via the internet: that Article 49 EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators such as Bwin, which are established in other Member States, in which they lawfully …

IPPT20090908, ECJ, Budvar v Ammersin

Regulation No 510/2006 is exhaustive in nature with the result that that regulation precludes the application of a system of protection laid down by an agreement between two Member States, which confers on a designation, recognised under the law of a Member State as constituting a designation of origin, protection in … more

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 the similarity of …

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

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

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 as to come within …

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 application concerns goods or services, where one … 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

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

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 expended by the … more

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 intention to prevent that … more

Preliminary ruling about the possibility of anti-competitive effect and establishing the presumption of a causal connection

IPPT20090604, ECJ, T-Mobile v NMa

Competition law - Case C-8/08. Preliminary ruling. College van Beroep voor het bedrijfsleven (Netherlands). A concerted practice pursues an anti‑competitive object for the purposes of Article 81(1) EC where it is capable of resulting in the prevention, restriction or distortion of competition: not necessary for …

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 interest and obligation at … more

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, being capable of restoring, … more

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 goods, so that a contractual provision prohibiting such sale must be …

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 of a complaint by the Commission. The effect on trade between Member States …

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 to a consumer. Full …

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) of Regulation … more

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