IPPT20100909, CJEU, OHIM v BORCO

IPPT20100909, CJEU, OHIM v BORCO

Distinctive character: Whether a sign is capable of distinguishing as a trademark has to be assessed in the context of an examination, based on facts. It is not open to OHIM, without relevant justification, to rely on conjecture or mere doubts. OHIM is required to examine, of its own motion, the relevant facts – no …

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IPPT20100902, CJEU, Calvin Klein v OHIM

IPPT20100902, CJEU, Calvin Klein v OHIM

No similarity because of different overall impression of mark "Creaciones Kennya". Conduct of applicant not relevant in case of opposition ex article 8 TM Reg. Where there is no similarity the reputation or goodwill of older mark is irrelevant. Similarity required for taking unfair advantage of or being detrimental …

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IPPT20100902, CJEU, Kirin Amgen v Lietuvos Respublikos

IPPT20100902, CJEU, Kirin Amgen v Lietuvos Respublikos

Transitional law Supplementary Protection Certificate: No SPC available for products for which a Community authorisation to place that product on the market as a medicinal product was obtained more than six months before the accession of the Republic of Lithuania acceded to the European Union, but for which product …

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Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously

IPPT20100729, CJEU, Anheuser-Busch v BHIM - Budweiser

Trade Mark Law - Litigation -  Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously. New plea which extends the subject-matter of the dispute cannot be introduced in appeal

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IPPT20100708, CJEU, Sjöberg & Gerdin

IPPT20100708, CJEU, Sjöberg & Gerdin

Stricter penalties for promoting foreign gambling precluded: that Article 49 EC must be interpreted as precluding legislation of a Member State subjecting gambling to a system of exclusive rights, according to which the promotion of gambling organised in another Member State is subject to stricter penalties than the …

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IPPT20100708, CJEU, Portakabin v Primakabin

IPPT20100708, CJEU, Portakabin v Primakabin

Use of key word infringing in case of adverse effect on the function of indicating origin. Use prohibited by article 5 will generally not be in accordance with honest practices in industrial or commercial matters. Exhaustion: Use of mark permitted unless there is a legitimate reason.

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IPPT20100706, CJEU, Monsanto v Cefetra

IPPT20100706, CJEU, Monsanto v Cefetra

Patent protection DNA-sequence limited to circumstances in which it performs the patented function: not conferring patent right protection in circumstances such as those of the case in the main proceedings, in which the patented product is contained in the soy meal, where it does not perform the function for which it …

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IPPT20100624, CJEU, Barbara Becker

IPPT20100624, CJEU, Barbara Becker

Assesment of conceptual similarity: the General Court erred in law in basing its assessment of the conceptual similarity of the marks on general considerations taken from the case-law without analysing all the relevant factors specific to the case, in disregard of the requirement of an overall assessment of the …

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IPPT20100622, GCEU, Shenzhen v BHIM

IPPT20100622, GCEU, Shenzhen v BHIM

Design law: Made available to the public at trade fair and in specialised press: Informed user - no technical expert: With regard to the interpretation of the concept of informed user, the status of ‘user’ implies that the person concerned uses the product in which the design is incorporated, in accordance with …

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IPPT20100615, GCEU, X Technology Swiss v OHIM

IPPT20100615, GCEU, X Technology Swiss v OHIM

Trademark law: Inherently distinctive character unsubstantiated: there is nothing to suggest that any commercial success of the applicant would have been due to the fact that the orange colouring of the toes of the socks which it manufactures would have been perceived by the relevant public as being inherently …

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IPPT20100603, CJEU, Ladbrokes v Sporttotalisator

IPPT20100603, CJEU, Ladbrokes v Sporttotalisator

Exclusive license limiting freedom to provide services – for national court to determine. Blocking access to internet site for Dutch residents is an indispensible element. ational court not required to determine compatability of implementing measure in each case. Prohibition on legitimate foreign operator from …

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IPPT20100603, CJEU, Sporting Exchange v Sporttotalisator

IPPT20100603, CJEU, Sporting Exchange v Sporttotalisator

Prohibition on legitimate foreign operator from offering games of chance via the internet: therefore, the answer to the first question is that Article 49 EC must be interpreted as not precluding legislation of a Member State, such as the legislation at issue in the main proceedings, under which exclusive rights to …

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IPPT20100603, CJEU, Internetportal v Schlicht

IPPT20100603, CJEU, Internetportal v Schlicht

Bad faith EU-domain name registration: must be interpreted as meaning that bad faith can be established by circumstances other than those listed in Article 21(3)(a) to (e) of that regulation.That, in order to assess whether there is conduct in bad faith within the meaning of Article 21(1)(b) of Regulation No 874/2004, …

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IPPT20100603, CJEU, Coty v Simex

IPPT20100603, CJEU, Coty v Simex

Consent – exhaustion – not likely in case of perfume testers with a prohibition on sale: In circumstances such as those of the main proceedings, where ‘perfume testers’ are made available, without transfer of ownership and with a prohibition on sale, to intermediaries who are contractually bound to the trade …

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IPPT20100512, EBA-EPO, Computer Implemented Inventions

IPPT20100512, EBA-EPO, Computer Implemented Inventions
Referral non-admissable: no conflict in case law of Boards of Appeal. The present position of the case law is thus that a claim in the area of computer programs can avoid exclusion under Articles 52(2)(c) and (3) EPC merely by explicitly mentioning the use of a computer or a computer-readable storage medium. If a … more

IPPT20100422, BGH, Dynamische Dokumentengenerierung

IPPT20100422, BGH, Dynamische Dokumentengenerierung
Technical character data processing system. A method consisting of the direct interaction between elements of a data processing system has technical character irrespective of whether it is defined by technical features. Such a method is not excluded from patentability if it solves a concrete technical problem with … more

IPPT19890424, EBA-EPO, Transfer of Opposition - MAN

IPPT19890424, EBA-EPO, Transfer of Opposition - MAN

G 4/88. Transferability of pending opposition proceedings: An opposition pending before the European Patent Office may be transferred or assigned to a third party as part of the opponent's business assets together with the assets in the interests of which the opposition was filed.

 

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IPPT20100415, CJEU, VEGAP v ADAGP - Dali

IPPT20100415, CJEU, VEGAP v ADAGP - Dali

Permissible restriction of the transfer on succession of the resale right to the artist's heirs: Article 6(1) of Directive 2001/84 must be interpreted as not precluding a provision of national law which reserves the benefit of the resale right to the artist’s heirs at law alone, to the exclusion of testa-mentary …

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IPPT20100415, CJEU, Heine v Verbracherzentrale

IPPT20100415, CJEU, Heine v Verbracherzentrale

Right of withdrawal: consumer may not be charged with the cost of delivering the goods: Article 6(1) and Article 6(2) of Directive 97/7/EC must be interpreted as precluding national legislation which allows the supplier under a distance contract to charge the costs of delivering the goods to the consumer where the …

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IPPT20100415, CJEU, Schrader v CBP

IPPT20100415, CJEU, Schrader v CBP

A species is composed of its different varieties: The very nature of a ‘species’ is that it is composed of its different varieties and, for this reason, a detailed description of such a species cannot be detached from the varieties which it comprises. Limited review to determine variety lacking distinctness.

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