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, American Clothing v OHIM
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 …
moreIPPT20090702, ECJ, Davidoff v Bundesfinanzdirektion Sudost
For purposes of customs action, an internationally registered trade mark and a Community trade mark have the same effects.
moreECJ, FEIA v Cul de Sac
IPPT20090618, ECJ, L'Oreal v Bellure
IPPT20090611, ECJ, Lindt & Sprungli v Frans Hauswirth
Preliminary ruling about the possibility of anti-competitive effect and establishing the presumption of a causal connection
Competition law - Case C-8/08. Preliminary ruling. College van Beroep voor het bedrijfsleven (Netherlands). A concerted practice pursues an anti‑competitive object for the purposes of Article 81(1) EC where it is capable of resulting in the prevention, restriction or distortion of competition: not necessary for …
moreIPPT20090507, ECJ, Rotterdam v Rijkeboer
IPPT20090430, ECJ, BIOS v Saarland
IPPT20090423, ECJ, Falco Privatstiftung and Rabitsch v Weller-Lindhorst
Prohibiting sales to discount stores that are not part of a selective distribution network possible
Trade Mark Law - Prohibiting sales to discount stores possible: It is conceivable that the sale of luxury goods by the licensee to third parties that are not part of the selective distribution network might affect the quality itself of those goods, so that a contractual provision prohibiting such sale must be …
moreIPPT20090423, CJEU, VTB-VAB v Total Belgium and Galatea v Sanoma
Marketing Law - General prohibition of combined offers is not permissible: The Directive must be interpreted as precluding national legislation which, with certain exceptions, and without taking account of the specific circumstances, imposes a general prohibition of combined offers made by a vendor to a consumer. Full …
moreEffect on trade between Member States serves as a criterion to define the scrope of Community competition law
Comptetition Law - As for the concept of serious impediments to the proper functioning of the common market, it may constitute one of the criteria for evaluating whether there is sufficient Community interest to necessitate the investigation of a complaint by the Commission. The effect on trade between Member States …
moreDissemination by a third party of information about a medicinal product may be regarded as adversiting
Advertising Law - Pharmaceutical Law - Dissemination by a third party of information about a medicinal product, including its therapeutic or prophylactic properties, may be regarded as advertising, even though the third party in question is acting on his own initiative and completely independently, of the …
moreHandover of journalistic materials proportionate given the nature and seriousness of the crimes
Publication - handover of journalistic materials proportionate given the nature and seriousness of the crimes: ramming wall with a shovel. The actions of the police and the public prosecutors were characterised by a regrettable lack of moderation. Even so the reasons advanced for the interference complained of were …
moreAcquisition of prototypes and management of intellectual property is not an economic activity since there is no offer of goods or services
Competition Law - The acquisition of prototypes and the related management of intellectual property rights does not make that activity an economic one, since the acquisition did not involve the offer of goods or services on a given market. Eurocontrol granted licences at no cost, which indicated that the management …
moreBudvar's evidence clearly sufficient to prove genuine use of earlier international work mark BUDWEISER
Trade Mark Law - The Board of Appeal referred, in particular, to advertisements showing images of Budvar beer bearing the mark BUDWEISER, to invoices sent to customers in Germany and Austria and to the fact that those advertisements and invoices related to the relevant period. Stated reasons for obvious similarities …
moreRequirement to publish qualification to article in internet archive is no interference with freedom of expression
Publication - Privacy - Requirement to publish qualification to an article contained in an Internet archive does not constitute a disproportionate interference with the freedom of expression.
morePhysical and technical characteristics in a databse may be interpreted as indication of extraction
Database Rights - The fact that the physical and technical characteristics present in the contents of a database also appear in the contents of another database may also be interpreted as an indication of the existence of a transfer between the two databases and therefore, of an extraction.
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