IPPT20111004, CJEU, Premier League

IPPT20111004, CJEU, Premier League

“illicit device” does not cover foreign decoding devices which have been falsely obtained. Prevention of use of falsely obtained foreign decoding devices permitted under directive. Ban on import or use of foreign decoding devices not permitted also in case of falsely obtained devices for commercial purposes. Acts …

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IPPT20110922, CJEU, Budvar v Anheuser-Busch

IPPT20110922, CJEU, Budvar v Anheuser-Busch

Acquiescence: required that proprietor was in a position to oppose use; registration or earlier mark not required, but registration in good faith of later mark and knowledge thereof are requirements. Cancellation of later trade mark not possible in case of long period of honest concurrent use in circumstances that …

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IPPT20110922, CJEU, Bell & Ross v OHIM

IPPT20110922, CJEU, Bell & Ross v OHIM

Inadmissibility of action: failure to submit signed original of the application not capable of being regularised. No excusable error: responsibility rests with the lawyer

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IPPT20110630, CJEU, Wamo v JBC

IPPT20110630, CJEU, Wamo v JBC

Applicability of Unfair Commercial Practices Directive limited to consumer protection. General prohibition of announcements of price reductions during period preceding sales precluded.

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IPPT20110630, CJEU, VEWA v Belgium

IPPT20110630, CJEU, VEWA v Belgium

Remuneration for public lending has to take account of the extent of public lending.

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The aim of maintaining a prestigious image is not a legitimate aim for banning online sales

IPPT20111013, CJEU, Pierre Fabre Dermo Cosmetique

A contractual clause in the context of a selective distribution system that bans online sale of cosmetics and personal care products amounts to a restriction of competition within the meaning of provision 101(1) TFEU when it is apparent that, having regard to the properties of the products at issue, that clause is not …

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IPPT20110728, CJEU, Synthon v Merz

IPPT20110728, CJEU, Synthon v Merz

Supplementary Protection Certificate (‘SPC’) only available for medicinal products with a market authorisation under Directive 65/65 having undergone safety and efficacy tests

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IPPT20110728, CJEU, Generics v Synaptech

IPPT20110728, CJEU, Generics v Synaptech

Supplementary Protection Certificate (‘SPC’) only available for medicinal products with a market authorisation under Directive 65/65 having undergone safety and efficacy tests

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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

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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 …

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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

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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.

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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 …

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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 …

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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 …

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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 …

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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 …

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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

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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.

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