Association with a registered geographical indication not sufficient to establish ‘indirect commercial use’ or ‘evocation’ of this indication

IPPT20180607, CJEU, Scotch Whisky Association

Protected designation of origin - For the purpose of establishing that there is ‘indirect commercial use’ of a registered geographical indication, the disputed element must be used in a form that is either identical to that indication or phonetically and/or visually similar to it:  not sufficient that that …


The CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court

IPPT20180530, CJEU, L'Oréal

Trade Mark Law - The CJEU refers five 'Master' trade mark cases (L’ Oréal) back to the General Court: the General Court distorted the facts and arguments made by L’ Oréal and infringed Article 8(1)(b) of the EU Trade Mark Regulation. The Judgement of the General Court, stating that that the most distinctive …


Copyright rules for the digital environment: Council agrees its position


On the 25th of May the Council has given its vision about a proposal aimed at adapting EU copyright rules to the digital environment. "The main objective of the directive is to modernise the European copyright framework and adapt it to the requirements of the digital age. By contributing to the harmonisation of …


Use of applicant's first name does not constitute a due cause

IPPT20180530, CJEU, Tsujimoto v EUIPO

Trade Mark Law - General Court was fully entitled to conclude that word mark KENZO ESTATE of which registration was applied for was similar to the earlier word mark KENZO: mark applied for consists of earlier mark + element that lacks distinctiveness. Use of appellant’s forename in mark applied for does not …


Developer PUBG sues developer Fortnite due to copyright infringement


The Korea Times States: “Korean game developer PUBG, a subsidiary of Bluehole, has filed a copyright violation lawsuit against U.S.-based Epic Games, asking a court to determine whether the latter's "Fortnite" was copied from the former's "PlayerUnknown's Battlegrounds."

A PUBG official said Friday that the firm …


New Delegated Regulation and Implementing Regulation on the European Trade Mark Regulation


The Delegated Regulation (2018/625) and the Implementing Regulation (2018/626) have been published in the Official Journal of the European Union on 24 April 2018. Delegated Regulation (2017/1430) and Implementing Regulation (2017/1413) have been repealed. The new Regulations entered into force on on 14 May 2018 and …


UNION-IP Designs Round-Table in London on 8 June 2018


Union-IP organises the UNION-IP Designs Round-Table in London on 08 June 2018.


HGF opens its 16th Office: Westport, Ireland


HGF bericht: "HGF are continuing to expand, with a strategic move into Ireland and the opening of its 16th office in Westport in the West of Ireland. The office location was chosen to capitalise on investments in the life sciences sector and be in close proximity to Galway, a globally recognised hub for MedTech …


EUIPO: Design 'Bunch-O-Balloons' invalid


EUIPO declared the Bunch-O Balloons design of Tinnus Enterprises with No 001431829-0006 invalid because its appearance is solely dictated by its technical function. 

Courtesy of Esther Schnepper and Berber Brouwer, Bergh Stoop & Sanders Advocaten

EU trade mark HP not descriptive, sufficiently distinctive and registered in good faith

IPPT20180424, General Court EU, Senetic v EUIPO
HP logo

Trade Mark Law - Senetic filed an application for a declaration of invalidity of the EU trade mark registrations of HP on the grounds that the marks were descriptive, lacked distinctiveness and that the registration of the marks was done in bad faith. 




UK ratifies the Unified Patent Court Agreement


From the press release: “The Minister for Intellectual Property, Sam Gyimah MP, has today (26 April 2018) confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA). Our ratification brings the international court one step closer to reality. […]


Innovative businesses will benefit …


Opinion AG CJEU: No SPC for active ingredients that are not mentioned in the words of the claims of the basis patent

Pending Case law

Patent Law - SPCs. Case C-121/17: Teva v Gilead. Opinion A-G Wathelet. Preliminary questions High Court of Justice of England and Wales, Chancery Division.



CJEU on the concept of "competitive disadvantage" point c, second paragraph of Article 102 of the TFEU

IPPT20180419, CJEU, Meo v Autoridade da Concorrencia

Abuse of a dominant position - Interpretation concept of “competetive disadvantage” (subparagraph (c) of the second paragraph of Article 102 TFEU) where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in which that behaviour is capable of …


CJEU on seniority revoked national trade mark

IPPT20180419, CJEU, Peek & Cloppenburg

Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a have a curative effect in such a way as to maintain the rights attached to it after it has been surrendered. Trade mark proprietor declared his surrender of the mark or allowed it to lapse. EU law precludes national …


Opinion AG CJEU: EUIPO must re-examine trade mark three-dimensional 'Kit Kat 4 fingers'

Pending Case law

Trade Mark Law. Case C‑84/17 P Société des produits Nestlé v Mondelez UK Holdings & Services. Opinion AG Wathelet.


From the press release: "According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as …


Preliminary questions about jurisdiction of EU trade mark court


Case C-172/18: AMS Neve and others. Prejudiciële vragen. Court of Appeal United Kingdom


The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale …


Preliminary questions about jurisdiction of EU trade mark court


Case C-172/18: AMS Neve and others. Preliminary questions Court of Appeal United Kingdom


Trade Mark Law. The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement …


$ 19,2 million in statutory damages for infringement Harley-Davidson trademark


World Intellectual Property Review: "Motorcycle manufacturer Harley-Davidson has secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, in what is Harley-Davidson’s largest-ever trademark infringement win. In May last year, Harley-Davidson accused SunFrog of selling …


IViR Summer Courses on Privacy Law & Policy en International Copyright Law




This summer, the Institute for Information Law (IViR), affiliated with the University of Amsterdam, will hold its annual Summer Courses on International Copyright Law and on Privacy Law and Policy. Both courses will …