EUIPO: likelihood of confusion between word marks “RUBY” and “RUBY FIRES” for heating apparatus

IP10096
Case law

Trade Mark Law - Board of Appeal EUIPO, 21 december 2017, Ruby Decor v Essege. The appeal is dismissed. The Board of Appeal finds that the earlier mark has been put to genuine use. The use has been proved with a large quantity of invoices of which a significant number relate to the Benelux and with advertising …

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Arrangement intended to disseminate misleading information relating to adverse reactions to medicinal products constitutes a restriction of competition

IPPT20180123, CJEU, Hoffmann-La Roche

Competition Law - Pharmaceutical Law - National competition authorities are allowed to consider medicinal products of which the MA lays outside the treatment of the diseases at issue, but can be used for this and therefore can be regarded as substitutable with other medicinal products as products in the same market. …

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Collective action against Facebook cannot proceed

IPPT20180125, CJEU, Schrems v Facebook
Case law

Privacy - Private International Law - A private Facebook account user is a consumer within the meaning of Article 15 of Brussels I Regulation, even when his activities entail publishing books, lecturing, operating websites, fundraising and being assigned the claims of numerous consumers for the purpose of their …

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#metoo trademark application withdrawn

IP10093

World Intellectual Property Review: "Hard Candy Cosmetics has withdrawn its trademark application for ‘#metoo’ following widespread public criticism.The US beauty brand, which sells make-up products through Walmart, abandoned its application to the US Patent and Trademark Office on Thursday, January 18.

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Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order

IPPT20180117, CJEU, Josel v EUIPO

Trade mark law - Appeal against judgment of the General Court regarding genuine use of the wordmark NN dismissed by reasoned order: grounds of appeal are either manifestly inadmissible or manifestly unfounded.

 

Decision by reasoned order to dismiss the appeal against the decision of the General Court of June 28th …

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Kodak announces blockchain-powered photo rights management platform and cryptocurrency

IP10092

The Verge: “KodakCoins will work as tokens inside the new blockchain-powered KodakOne rights management platform. The platform will supposedly create a digital ledger of rights ownership that photographers can use to register and license new and old work. Both the platform and cryptocurrency are supposed to …

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Radiohead refutes that they have filed a plagiarism lawsuit against Lana Del Rey

IP10091

The Guardian: “Radiohead have refuted Lana Del Rey’s claim that they have filed a lawsuit against her that demands publishing rights to her song Get Free, thanks to its similarity to their song Creep."

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New Board at Hoyng Rokh Monegier

IP10090

From the press release: "Benoît Strowel, a member of Hoyng Monegier’s and HOYNG ROKH MONEGIER’s executive committee since 2011, will succeed Willem Hoyng as managing partner. The other members of the executive committee are Bart van den BroekChristine KanzCarl De Meyer and Luis Fernández-Novoa.

 

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CJEU about incorrect date of first marketing authorisation for an SPC

IPPT20171220, CJEU, Incyte v Szellemi Tuljdon Nemzeti Hivatala

Patent law - SPC. Date of the first MA, as stated in an application for the SPC, on the basis of which the duration of the certificate is calculated, is incorrect when the incorrect date led to a method for calculating the durating of the certificate which does not comply with the requirements of Article 13(1) of SPC …

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Aldi allowed to use the name ‘Champagner Sorbet’ if their sorbet has a taste attributable primarily to champagne as one of its essential characteristics

IPPT20171220, CJEU, Champagner Sorbet

Protected Designation of Origin - The use of a Protected designation of origin (PDO) as part of the name under which is sold a foodstuff that does not correspond to the product specifications for that PDO but contains an ingredient which does correspond to those specifications – like “Champagner Sorbet” …

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Repair clause is not limited to components of a complex product whose appearance is decisive

IPPT20171220, CJEU, Acacia v Audi and Porsche

Design law - Scope of repair clause in article 110(1) Community Design Regulation is not limited to component parts forming part of a complex product upon whose appearance the protected design is dependent. Repair clause applies only to component parts of a complex product that are visually identical to original …

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Schweppes can not oppose import of Schweppes tonic from the UK, where the trade marks have been transferred to Coca-Cola

IPPT20171220, CJEU, Schweppes v Red Paralela

Trade mark lawThe proprietor of a national trade mark from cannot oppose to the import of identical goods bearing the same mark originating in another Member State in which that mark, which initially belonged to that proprietor, is now owned by a third party which has acquired the rights thereto by assignment has …

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Request for a preliminary ruling regarding the term 'adega' in relation to wine products

IP10088
Pending Case law

Case C-629/17. Request for a preliminary ruling. Supremo Tribunal de Justiça (Portugal).

 

Trade Mark Law. Unofficial translation and summary: "The question which must be answered in the present case is whether the term ADEGA DE BORBA, which is composed of a protected designation of origin for Borba wine, …

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Request for a preliminary ruling regarding Article 3 (1) (2) Audiovisual Media Services Directive

IP10087
Pending Case law

Case C-622/17 Baltic Media Alliance. Request for a preliminary ruling. Vilniaus apygardos administracinis teismas (Lithuania).

 

Unofficial translation and summary: "Applicant (Baltic Media Alliance Ltd) is a broadcasting organization operating the television channel NTV Mir Lithuania and possesses a permit from …

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Communication from the commission on setting out the EU approach to standard essential patents

IP10086

From the press release "The interplay between patents and standards is important for innovation and growth. Standards ensure that interoperable and safe technologies are widely disseminated among companies and consumers. Patents provide R&D with incentives and enable innovative companies to receive an adequate …

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A-G CJEU: General Court was entitled to find that EUIPO had to examine evidence of national law ex officio

IP10085
Case law

Trade mark law - Case C-478/16 P. EUIPO v Group OOD. Opinion AG Campos Sánchez-Bordana. Appeal against the decision of the EU General Court of 29 June 2016. Group OOD opposed the application for an EU trade mark (see left) on the basis of a corresponding non-registered trade mark with only national significance, …

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It is not possible to obtain a SPC based on an end-of-procedure message

IPPT20171207, CJEU, Merck Sharp & Dohme

Patent law - Article 3 (b) of the SPC Regulation is to be interpreted as meaning that an end-of-procedure notice drawn up before the expiry of the basic patent can not be equated with an marketing authorisation and, on the basis of an end of procedure message, no SPC can be obtained. The fact that no marketing …

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Request for a preliminary ruling about the use of figurative signs to illustrate protected designations of origin

IP10084

Geographical indications - Case C-614/17 Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego. Preliminary ruling. Tribunal Supremo (Spain). 

Taken from the summary at minbuza.nl: "The applicant (Fundación Consejo Regulador de la Denominación de Origen Protegida Queso Manchego) …

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