“Directing” activity on website to Member State: it should be ascertained whether it is apparent from those websites and the trader’s overall activity that the trader was envisaging doing business with consumers domiciled in one or more Member States. Not exhaustive list of relevant matters.

No use of trademark by operator of an online marketplace. Nu use "in the course of trade" when an individual sells a productthrough an online marketplace and the transaction does not take place in the context of a commercial activity. Territorial scope: Infringement if offer for sale or promotion of non-EU goods is for...

No legally binding pre-notification requirement - respect for private life under article 8 ECHR: The limited scope under Article 10 for restric-tions on the freedom of the press to publish material which contributes to debate on matters of general public interest must be borne in mind. Thus, having regard to the...

Invalid trade mark Elio Fiorucci because of an eralier “right to a name”, broad interpretation: As regards the wording of that provision, it should be noted that the words ‘right to a name’ do not provide any support for the restrictive interpre-tation proposed by the appellant, to the effect that the provision...

Admissibility; likelihood of confusion is an ssue of fact, but failure to take all factors relevant to the case into account constitutes an error of law. Uni serial marks; Judgment of General Court on lack of association between the trade marks applied for with the earlier series of UNI-marks and likelihood of...

Fair compensation for reproduction on a private basis: Final user is responsible for paying fair compensation for reproduction on a private basis. System of private copying levy open to Member States when able to pass on that levy in price paid by final user. With system of private copying levies it is for the Member...

Surreptitious advertising: intended by broadcaster to serve advertising: that the provision of payment or of consideration of another kind is not a necessary condition for establishing the element of intent in surreptitious advertising

Reference only to entry-level price not in itself a misleading omission. Reference to website for product characteristics may be allowed.

Advertising for medicinal products for doctors and pharmacists also extends to quotations taken from medical journals or other scientific works. Prohibited: claims which conflict with the summary of product characteristics; but supplemental information may be permitted.

Advertising for medicinal products: Not prohibited: faithful reproduction of packaging and leaflet information. Prohibited: selected or rewritten information since such manipulation of information can be explained only by an advertising purpose

Abuse of  a dominant position: unlawfully obtaining exclusive right by submission of misleading information - fines € 52,5 million : the Commission applied Article 82 EC correctly in taking the view that the submission to the patent offices of objectively misleading representations by an undertaking in a dominant...

Community trade mark: as a rule European wide prohibition, unless use does not affect the functions of the trade mark. Prohibition extends, as a rule, to the entire area of the EU. Limitation of territorial scope required in case the use of the sign at issue does not affect or is not liable to affect the functions of...

Opposition on ground of a sign used in the course of trade of more than mere local significance. General Court erred in holding (i) that the significance of the sign concerned, which cannot be merely local, must be evaluated exclusively by reference to the extent of the territory in which the sign is protected, without...

Numerals particularly suitable to describe a characteristic e.g. content. Given that such signs are generally equated with numbers, one of the things that they can do, in trade, is to designate a quantity. Need to keep free: Actual use as usual means of designation not required. Rules governing the exercise of powers...

Unified patent litigation system incompatible with European Law. Exclusive jurisdiction in field of Community patents would alter the essential character of powers which are indispensable to preservation of the very nature of EU law. Member States confer jurisdiction on actions between individuals to a court created by...

Legislation reviving copyright protection – no safe harbour for previous public domain designs irrespective of date of manufacture or marketing of products. Copyright protection not affected by expiration of national design right.

Protection journalistic sources: chilling effect:  The present case concerns an order for the compulsory surrender of journalistic material which contained information capable of identifying journalistic sources. This suffices for the Court to find that this order constitutes, in itself, an interference with the...

Excluded essentially biological process: process containing sexually crossing. Excluded also if process of sexually crossing contains technical step enabling or assisting sexual crossing. Non-excluded; process containing step which by it-self introduces or modifies a trait in the genome of the plant produced.  Nature...

Gillette defence of applying the prior art: secure if he knows that that which he is doing differs from that which has been done of old only in non-patentable variations, such as the substitution of mechanical equivalents or changes of material, shape, or size. The defence that 'the alleged in-fringement was not novel...