IPPT20100323, CJEU, Google Adwords

IPPT20100323, CJEU, Google Adwords

Use of trade marks as keywords in search engine advertising service: That the proprietor of a trade mark is entitled to prohibit an advertiser from advertising, on the basis of a keyword identical with that trade mark which that advertiser has. No use of the sign by internet referecing service provider. Internet …

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IPPT20100318, CJEU, Hotelier

IPPT20100318, CJEU, Hotelier

Communication to the public: The hotelier, by installing televisions in his hotel rooms and by connecting them to the central antenna of the hotel, thereby, and without more, carries out an act of communication to the public within the meaning of Article 3(1) of Directive 2001/29/EC of the European Parliament and of …

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IPPT20100316, CJEU, Olympique Lyonnais v Olivier Bernard and Newcastle

IPPT20100316, CJEU, Olympique Lyonnais v Olivier Bernard and Newcastle

Rules requiring a 'joueur espoir' are a restriction on freedom of movement for workers: Rules according to which a ‘joueur espoir’, at the end of his training period, is required, under pain of being sued for damages, to sign a professional contract with the club which trained him are likely to discourage that …

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IPPT20100225, CJEU, Lancome v OHIM - Color Edition

IPPT20100225, CJEU, Lancome v OHIM - Color Edition

‘Color Edition’ is normal construction of words: The association of the terms ‘color’ and ‘edition’ was not unusual but a normal construction in light of the lexical rules of the English language and the mark did not therefore create an impression sufficiently far removed from that produced by the simple …

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IPPT20100215, EBA-EPO, Medi-Physics - Method for treatment by surgery

IPPT20100215, EBA-EPO, Medi-Physics - Method for treatment by surgery

Excluded from patentability: method for treatment by surgery: A claimed imaging method, in which, when carried out, maintaining the life and health of the subject is important and which comprises or encompasses an invasive step representing a substantial physical intervention on the body which requires professional …

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IPPT20100219, EBA-EPO, Abbott Respiratory â%93 Dosage regime

IPPT20100219, EBA-EPO, Abbott Respiratory â%93 Dosage regime

Second medical indication need not be treatment of another disease. Dosage regimes: The claimed definition of the dosage regime must not only be verbally different from what was described in the state of the art but also reflect a different technical teaching. Swiss type claims no longer necessary. Freedom of medical …

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IPPT20100209, Court of Appeal, London, Eli Lilly v Human Genome Sciences

IPPT20100209, Court of Appeal, London, Eli Lilly v Human Genome Sciences

Members of TNF-ligand superfamily not “capable of industrial application”: No plausible (at least in the sense of reasonably credible) use for any member of the superfamily. Authority of decisions of the Technical Boards of Appeal: We follow any principle of law clearly laid down by them, only reserving the right …

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IPPT20100121, CJEU, Audi v OHIM

IPPT20100121, CJEU, Audi v OHIM

Advertising slogan can be a mark: Distinctive character advertising message: In particular, where those marks are not merely an ordinary advertising message, but possess a certain originality or resonance, requiring at least some interpretation by the relevant public, or setting off a cognitive process in the minds of …

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IPPT20100114, CJEU, Wettbewerbzentrale v Plus

IPPT20100114, CJEU, Wettbewerbzentrale v Plus

Application of the Directive regarding unfair commercial practices: Scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers. Prohibition in principle of commercial practices which make the participation in a lottery conditional on …

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The status as an opponent cannot be freely transferred

IPPT20050525, EBA-EPO, Hoffmann-La Roche

Transfer of opposition: The status as an opponent cannot be freely transferred.A legal person who was a subsidiary of the opponent when the opposition was filed and who carries on the business to which the opposed patent relates cannot acquire the status as opponent if all its shares are assigned to another company.

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IPPT20091015, ECJ, Makro v Diesel

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

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.

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IPPT20090908, ECJ, Liga Portuguesa & Bwin International

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 …

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IPPT20090908, ECJ, Budvar v Ammersin

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

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 …

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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 as to come within …

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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 application concerns goods or services, where one … 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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