IPPT20110728, CJEU, Orifarm v Merck

IPPT20110728, CJEU, Orifarm v Merck

Trademark Law - free movement of goods: Indication of market authorisation holder responsible for repacking instead of actual repackager allowed

more

IPPT20110714, CJEU, Viking Gas v Kosan Gas

IPPT20110714, CJEU, Viking Gas v Kosan Gas

Refilling gas bottles generally not an infringement of trademark rights: that the holder of an exclusive licence for the use of composite gas bottles intended for re-use, the shape of which is protected as a three-dimensional mark and to which the holder has affixed its own name and logo that are registered as word …

more

IPPT20110714, CJEU, BNIC

IPPT20110714, CJEU, BNIC

Invalidation of trade mark with protected geographical indication [cognac] in case of commercial use in respect of comparable products, exploiting the reputation or misuse.Retroactive effect Regulation on geographical indications for spirit drinks regarding trade mark registrations

more

IPPT20101207, CJEU, Pammer & Hotel Alpenhof

IPPT20101207, CJEU, Pammer & Hotel Alpenhof

“Directing” activity on website to Member State: it should be ascertained whether it is apparent from those websites and the trader’s overall activity that the trader was envisaging doing business with consumers domiciled in one or more Member States. Not exhaustive list of relevant matters.

more

IPPT20110712, CJEU, L'Oreal v Ebay

IPPT20110712, CJEU, L'Oreal v Ebay

No use of trademark by operator of an online marketplace. Nu use "in the course of trade" when an individual sells a productthrough an online marketplace and the transaction does not take place in the context of a commercial activity. Territorial scope: Infringement if offer for sale or promotion of non-EU goods is …

more

IPPT20110510, ECHR, Mosly v UK

IPPT20110510, ECHR, Mosly v UK

No legally binding pre-notification requirement - respect for private life under article 8 ECHR: The limited scope under Article 10 for restric-tions on the freedom of the press to publish material which contributes to debate on matters of general public interest must be borne in mind. Thus, having regard to the …

more

IPPT20110705, CJEU, Edwin v OHIM

IPPT20110705, CJEU, Edwin v OHIM

Invalid trade mark Elio Fiorucci because of an eralier “right to a name”, broad interpretation: As regards the wording of that provision, it should be noted that the words ‘right to a name’ do not provide any support for the restrictive interpre-tation proposed by the appellant, to the effect that the …

more

IPPT20110616, CJEU, Union Investment Privatfonds v UniCredito

IPPT20110616, CJEU, Union Investment Privatfonds v UniCredito

Admissibility; likelihood of confusion is an ssue of fact, but failure to take all factors relevant to the case into account constitutes an error of law. Uni serial marks; Judgment of General Court on lack of association between the trade marks applied for with the earlier series of UNI-marks and likelihood of …

more

IPPT20110616, CJEU, Thuiskopie v Opus

IPPT20110616, CJEU, Thuiskopie v Opus

Fair compensation for reproduction on a private basis: Final user is responsible for paying fair compensation for reproduction on a private basis. System of private copying levy open to Member States when able to pass on that levy in price paid by final user. With system of private copying levies it is for the Member …

more

IPPT20110609, CJEU, Alter Channel

IPPT20110609, CJEU, Alter Channel

Surreptitious advertising: intended by broadcaster to serve advertising: that the provision of payment or of consideration of another kind is not a necessary condition for establishing the element of intent in surreptitious advertising

more

IPPT20091120, NLSC, Lego v Mega Brands

IPPT20091120, NLSC, Lego v Mega Brands
Dutch Supreme Court: Standardization and slavish imitation - no unnecessary confusion: Under circumstances a need for standardization among the buyers of the products can, however, lead to justification for the imitation of a product that causes confusion. Other considerations for purchase do not affect the … more

IPPT20110512, CJEU, Konsumentombudsman v Ving

IPPT20110512, CJEU, Konsumentombudsman v Ving

Reference only to entry-level price not in itself a misleading omission. Reference to website for product characteristics may be allowed.

more

IPPT20110505, CJEU, MSD v Merckle

IPPT20110505, CJEU, MSD v Merckle

Advertising for medicinal products: Not prohibited: faithful reproduction of packaging and leaflet information. Prohibited: selected or rewritten information since such manipulation of information can be explained only by an advertising purpose

more

IPPT20110505, CJEU, Novo Nordisk v Ravimiamet

IPPT20110505, CJEU, Novo Nordisk v Ravimiamet

Advertising for medicinal products for doctors and pharmacists also extends to quotations taken from medical journals or other scientific works. Prohibited: claims which conflict with the summary of product characteristics; but supplemental information may be permitted.

more

IPPT20100701, GCEU, AstraZeneca

IPPT20100701, GCEU, AstraZeneca

Abuse of  a dominant position: unlawfully obtaining exclusive right by submission of misleading information - fines € 52,5 million : the Commission applied Article 82 EC correctly in taking the view that the submission to the patent offices of objectively misleading representations by an undertaking in a dominant …

more

IPPT20110412, CJEU, DHL Express v France Chronopost

IPPT20110412, CJEU, DHL Express v France Chronopost

Community trade mark: as a rule European wide prohibition, unless use does not affect the functions of the trade mark. Prohibition extends, as a rule, to the entire area of the EU. Limitation of territorial scope required in case the use of the sign at issue does not affect or is not liable to affect the functions of …

more

IPPT20110329, CJEU, Anheuser-Busch v Budejovicky Budvar

IPPT20110329, CJEU, Anheuser-Busch v Budejovicky Budvar

Opposition on ground of a sign used in the course of trade of more than mere local significance. General Court erred in holding (i) that the significance of the sign concerned, which cannot be merely local, must be evaluated exclusively by reference to the extent of the territory in which the sign is protected, …

more

IPPT20110310, CJEU, Wydawnicza Technopol v OHIM

IPPT20110310, CJEU, Wydawnicza Technopol v OHIM

Numerals particularly suitable to describe a characteristic e.g. content. Given that such signs are generally equated with numbers, one of the things that they can do, in trade, is to designate a quantity. Need to keep free: Actual use as usual means of designation not required. Rules governing the exercise of powers …

more

IPPT20110308, CJEU, Opinion on unified patent litigation system

IPPT20110308, CJEU, Opinion on unified patent litigation system

Unified patent litigation system incompatible with European Law. Exclusive jurisdiction in field of Community patents would alter the essential character of powers which are indispensable to preservation of the very nature of EU law. Member States confer jurisdiction on actions between individuals to a court created …

more

IPPT20110127, CJEU, Flos SpA v Semeraro

IPPT20110127, CJEU, Flos SpA v Semeraro

Legislation reviving copyright protection – no safe harbour for previous public domain designs irrespective of date of manufacture or marketing of products. Copyright protection not affected by expiration of national design right.

more

Pages