Genuine use in a different form of a trademark without altering the disctinctive character
Trade Mark Law - Genuine use trademark by use in a different form without altering the distinctive character, even if different form is registered as (defensive) trademark
moreActual lodged application for registration of a trademark and objective need for a national body constitutes a permitted test case
Trade Mark Law - Goods and services classification needs to be sufficiently clear and precise; use of general indications of class headings not precluded, but in principle specification of particular goods and services required. Permitted test case: actual lodged application for registration of trade mark and …
moreInformed user can have an imperfect recollection
Design Law - Community design not invalid based on older Community trademark: difference in facial expression is a fundamental characteristic that is remembered by informed user. Correct criterion by basing its reasoning on the informed user’s imperfect recollection of overall impression and by taking into …
moreLiability for sending and receiving sui generis databases
Database Rights - ‘Re-utilisation’ of database in Member State: the sending by one person of data by means of a web server located in Member State A to the computer of another person in Member State B, at that person’s request constitutes an act of ‘re-utilisation’ of data by the sender, when there is …
moreUnfair commercial practice by giving the false impression that consumer has already won a prize when he first has to incur costs to claim it
Advertising Law - Unfair Commercial Practices - Unfair commercial practice when giving the false impression that consumer has already won a prize, while consumer has to incur (minimal) costs first to claim the prize
moreCommunication of OHIM that opposition is admissible is not only a procedural measure
Trade Mark Law - Litigation - Communication of OHIM to opposing party that opposition is admissible, is not simply a procedural measure but a decision which may only be revoked or annulled in accordance with Trademark Regulation
moreSufficient disclosure to satisfy requirements of article 57 EPC regarding “a practical application” and “some profitable use"
Patent Law - Sufficient disclosure to satisfy requirements of article 57 EPC regarding “a practical application” and “some profitable use”. Supremacy principles laid down by the Board’s jurisprudence. No different assessment of evidence if one concludes that the disclosure satisfies article 57 in line with …
moreOnly the day, not the hour and minute of filing an application for a Community trade mark, is relevant to determinate which application is older
Trade Mark Law - Only the day, not the hour and minute of filing an application for a Community trade mark, is relevant to determinate which application is older.
more'Easily digestible'accompanied by reference to reduced acidity prohibited 'health claim' for wine
Advertising Law - ‘Easily digestible’ accompanied by reference to reduced acidity is a prohibited “health claim” for wine. Prohibition of a correct claim warranted by the requirement to ensure a high level of health protection for consumers
moreOHIM is not obliged to extend the examination of the distinctive character from the applied trademark to other uses than those considered to be the most likely
Trade Mark Law - Court of First Instance made no error in law by ruling that the mark applied for does not deviate from the standard or from what is customary in the footwear industry and therefore has no distinctive character in relation to orthopedic footwear. OHIM is not obliged to extend the examination of the …
moreNo equivalent protection of gamblers in different Member States
Advertising Law - Prohibition of advertising games of chance permitted if other Member State does not provide equivalent protection of gamblers
morePartner who is not authorised to commercial use of a trade mark is not a 'licensee of prior rights' for purposes of eu-domain name registration
Trade Mark Law - EU Domain Name Law - Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration
moreIrreconcilable judgments are possible in cases of infringement by companies of same national part of European Patent with same product
Patent Law - Private International Law - Litigation - Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product. Exclusive jurisdiction regarding validity does not preclude special jurisdiction …
moreNo economic activity public authority by acting on statutory obligations
Abuse of a dominant position - No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position)
moreReasonable compensation does not include costs incurred for monitoring compliance
Plant Variety Rights - “Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material of same variety. "Reasonable compensation” does not include costs incurred for monitoring compliance.
moreDistribution to the public in a Member State when the public is targetted and delivery is enabled, whether or not via a third party
Copyright - Distribution to the public in a Member State: when a trader targets the public in that Member State and enables delivery in that Member State, whether or not via a third party. Articles 34 and 36 TFEU do not preclude (national) criminal prosecution for prohibited distribution to the public, concluded in …
moreMere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent
Patent Law - Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent. Article 13 SPC Regulation: marketing authorisation (MA) of product which is within basic patent. Irrelevant whether same active ingredient is present in two medicinal …
moreGeneral Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character
Trade Mark Law - General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character. Validity of national trade marks not to be questioned during opposition proceedings Community trade mark. Distinctive character …
moreActual and present harm to a mark is required and cannot be hypthetical
Trade Mark Law - Actual and present harm to mark is required, which can be based on prima facie evidence of a future risk, which is not hypothetical. Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public. Reputation examined in relation to the entire territory of the …
moreSign consisting of the shape of a rabbit with red ribbon is devoid of any distinctive character
Trade Mark Law - Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character. Registrations already made in Member States may be taken into account, but OHIM under no obligation to follow national assessments in relation to Community trade mark
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