Article 22(4) of Council Regulation (EC) is not applicable to disputes about whether a person is entitled to be registered as a trademark holder
Private International Law - Trade Mark Law - Article 22(4) of Council Regulation (EC) regarding proceedings concerned with the registration or validity of an intellectual property right is not applicable to disputes about whether a person is entitled to be registered as a proprieter of a trade mark
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moreAction for trademark infringement may not be dismissed on the basis of a not yet upheld counterclaim for a declaration of invalidity
Trade mark law - Litigation - Article 99 (1) of Regulation No 207/2009 must be interpreted as meaning that an action for trademark infringement may not be dismissed on the basis of an absolute ground for invalidity, without that counterclaim for a declaration of invalidity being upheld. When the decision of the …
moreCJEU on jurisdiction regarding online publications
Private International Law - A legal person claiming that its personality rights have been infringed by the online publication of incorrect information and failure to remove comments can bring an action for rectification of that information, removal of those comments and compensation of all the damage sustained before …
moreBundesgerichtshof annuls decisions against 3D glucose tablets marks
On the 18th of october the Bundesgerichtshof annulled two Bundespatentgericht rulings on the eligibility for trademark protection. The Bundespatentgericht decided on the 27th of december 2016 that a three dimensional shape of a tablet with rounded corners was not eligible for protection as a trademark, because the …
moreBundesgerichtshof annuls decisions against 3D chocolate marks
Marques: "In yesterday's decision, the German Federal Court of Justice (Bundesgerichtshof) annulled two rulings of the German Federal Patent Court (BPatG) that held both three-dimensional signs depicted below not to be eligible for protection as trade marks. […
moreUse of figurative element of a composite mark is "genuine use" if distinctive character is not affected
Trade Mark Law - Judgments CIPA v Registrar (IPPT20120619) and Praktiker Bau v Deutsche Patent und Markenamt (IPPT20050707) do not relate to earlier trade marks registered before the date of those judgments. Use of only the figurative element of a composite mark is "genuine use" if the distinctive character of the …
moreAppeal against international word mark “CHEMPIOIL” dismissed
Trade Mark Law - A distinction should be made between the assessment of the conceptual differences between signs at issue and the overall assessment of their similarities, which form two distinct stages in the analysis of the overall likelihood of confusion, the first being a prerequisite for the second.
moreOpinion AG CJEU: Online recording service where the provider receives and records the signal breaches InfoSoc Directive
Copyright - Case C-265/16: VCAST v RTI. Opinion AG Szpunar. Opinion about whether reproduction in the cloud is still made ‘by’ the beneficiary of the private copying exception, as required by the legislation. VCAST provides its users with a cloud recording system for free-to-air terrestrial programmes broadcast …
moreCourt of Justice EU about Private International Law issues regarding accused design infringers in different memberstates
Private International Law - Design Law - The Community design court can, in cases where the jurisdiction towards one defendant is based on Article 82(1) Community Designs Regulation (CDR) and jurisdiction towards a second defendant established in another Member State is based on Article 6(1) Brussel 1 Regulation and …
moreCourt of Justice EU on the essential funtion of an EU collective mark
Trade Mark Law - Essential function of an EU collective mark: distinguishing the goods or services of the members of the association which is the proprietor of the trademark from those of other undertakings, and not to distinguish those goods according tot heir geographical origin. Where signs are, on the one hand, …
moreRanee van der Straaten: The risks of personal branding
World Trademark Review, August/September 2017, issue 68, p. 93-95, Ranee van der Straaten (Banning):“This article first appeared in World Trademark Review issue 68, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.WorldTrademarkReview.com.”
“Your personal name …
moreRanee van der Straaten: Smell-alikes: Lessons from Chanel and Coty's smell-alike victory
World Trademark Review, December 2016/January 2017, issue 64, p. 22-23, Ranee van der Straaten (Banning):“This article first appeared in World Trademark Review issue 64, published by Globe Business Media Group – IP Division. To view the issue in full, please go to www.WorldTrademarkReview.com.”
“Across …
more15% discount on tickets for the IP World Summit for users of IP-PorTal
IP-PorTal is a media partner of the IP World Summit 2017 which will take place in Amsterdam from 25 - 27 September. The Summit is a “one-stop shop for IP leaders offering a mix of thought provoking and practical sessions now covering a range of approaches to IP protection and monetisation, including patents, trade …
moreRequest for a preliminary ruling concerning the display of press products by commercial search engines
Copyright - Case C-299/17, VG Media. Request for a preliminary ruling. Landgericht Berlin - Germany. Applicant (VG Media) is a company which exercises the rights of §87f of the German Copyright Law of holders of related rights in digital publishing against users. On 01.08.2013 the so-called related right for …
moreRequest for a preliminary ruling concerning the issuing conditions of supplementary protection certificates
Patent Law - Case C-443/17 Abraxis Bioscience. Request for a preliminary ruling. High Court of Justice UK.Applicant (Abraxis Bioscience) has filed an application for a supplementary protection certificate (SPC) with the Intellectual Property Office of the United Kingdom (UK IPO) . Defendant (Comptroller-General, …
moreRequest for a preliminary ruling concerning the disclosure of medicinal product characteristics by the Medicines Evaluation Board of the Netherlands
Patent Law - Case C-423/17 Warner-Lambert Company. Request for a preliminary ruling. Court of Appeal The Hague. Request for a preliminary ruling: 1. Must Article 11 of Directive 2001/83 or any other provision of Union law be interpreted as meaning that a notice by which the applicant or holder of a marketing …
moreRequest for a preliminary ruling concerning the availability of radio- and television programmes online
Copyright - Case C-298/17 France Télévisions. Request for a preliminary ruling. Conseil d'État (Frankrijk). The applicant asks the referring court for the annulment of a decision of 27/05/2015 by the FRA Broadcasting Service (CSA, defendant) by which the applicant has been instructed to allow the company …
moreGoogle trademark questioned before Supreme Court
Ars Technica: "Is the term "google" too generic and therefore unworthy of its trademark protection? That's the question before the US Supreme Court. Words like teleprompter, thermos, hoover, aspirin, and videotape were once trademarked. They lost the status after their names became too generic and fell victim to what …
moreNintendo accused of patent infringement Switch-controllers
Engadget: "The Nintendo Switch certainly isn't the first gaming tablet, but is it directly riffing on others' ideas? Gamevice thinks so. The accessory maker is suing Nintendo for allegedly violating a patent for concepts used in the Wikipad, its gaming-oriented Android slate, as well as its namesake add-on controllers …
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