Opinion Advocate General Wahl on class headings and trade mark use in an abbreviated form
Trade Mark Law. Opinion of CJEU Advocate General Wahl after EUIPO appealed against a judgment in which the General Court held that the Court’s statement in IP Translator does not affect the extent of protection afforded by the earlier Cactus trade marks and that the designation of the class heading of Class 35 …
moreExplanation of the concept ‘establishment’ (art. 97(1) Regulation No 207/2009) at a legally distinct second-tier subsidiary
Trade Mark Law - Private International Law - A legally distinct second-tier subsidiary, with its seat in a Member State, of a parent body that has no seat in the European Union is an ‘establishment’, within the meaning of that provision, of that parent body if the subsidiary is a centre of operations which, in the …
moreFree Trade Agreement between the EU and Singapore does not completely fall within the exclusive competence of the EU
Free trade - The Free Trade Agreement between the European Union and the Republic of Singapore does not completely fall within the exclusive competence of the European Union
moreGeneral Court erred in law with regard to homogeneity of goods and services with respect to the reasoning of absolute grounds of refusal
Trade Mark Law - The General Court erred in law by stating that the goods and services covered by the application for registration of the sign ‘Deluxe’ displayed such differences as regards their nature, their characteristics, their intended use and the way in which they are marketed that they could not be …
moreOrnamental and fanciful aspects do not preclude the ground for refusal under article 7(1)(e)(ii) of EU Trade Mark Regulation
Trade Mark Law - Ornamental and fanciful aspects do not preclude the ground for refusal under article 7(1)(e)(ii) of EU Trade Mark Regulation (exclusively the shape of goods that is necessary to obtain a technical result), in so far as those aspects do not play an important role in the shape of goods at issue, all …
moreCase law about distinctiveness 3d-marks applies to marks consisting of twodimensional representations of products
Trade Mark Law - Case law in respect to distinctiveness of three dimensional trade marks consisting of the appearance of the product itself also applies in respect of figurative marks consisting of the two-dimensional representation of the product. General Court did not err in law in applying the case law to the …
moreOpinion A-G Szpunar on parallel actions based on EU and national trade marks
C-231/16, Merck v Merck, Opinion of A-G M. Szpunar. Prejudicial questions Landesgericht Hamburg.
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Sale of multimediaplayer which offers access to unauthorised content through pre-installed add-ons is a communication to the public
Copyright - The sale of a multimedia player on which add-ons are installed that link to websites on which protected works are made available to internet users without the consent of the copyright holders, constitutes 'communication to the public'.
moreRequest for a preliminary ruling concerning supplementary protection certificates
Patent Law. C-121/17. Teva UK, Accord Healthcare Limited, Lupin Limited, Lupin Europe Limited, Generics (UK) Limited and Gilead Sciences Inc. Request for a preliminary ruling. High Court of Justice (Chancery Division) - United Kingdom.
In a case concerning certificates for medicinal products, the High Court of …
moreNo error of law by the General Court with regard to the earlier business name Forge de Laguiole
Trade Mark Law - Litigation. No error of law by the General Court in demarcating Forge de Laguiole’s business sectors in order to determine the scope of protection of the earlier business name FORGE DE LAGUIOLE
morePreliminary questions on the inclusion of royalties and licence fees in the customs value
Licence Fees, Customs Value - Article 32 (1) (c) of the Customs Code first does not require the amount of royalties to be determined at the time when an agreement is concluded or when the customs debt is incurred, in order for those royalties to be regarded when the value is to be determined.
moreDissemination of broadcasts national broadcaster on its national territory is not communicating with a new public
Copyright - Full and unaltered transmission of programmes broadcast by the national broadcasting corporation, by means of cables on national territory, is not subject to the requirement that authorisation be obtained from the author, provided that it is merely a technical means of communication and was taken into …
moreNo exception for works broadcast on television channels subject to public service obligations
Copyright - National legislation which states that there is no copyright infringement in the case of the immediate retransmission by cable including, where relevant, via the internet, in the area of initial broadcast, of works broadcast on television channels subject to public service obligations is contrary to …
moreRule set out in CIPA v Registrar judgment not applicable to registration of trade marks before delivery of that judgment
Trade Mark Law - General Court did not commit an error in law by granting Scooters India protection for all goods listed in the alphabetical list of class 12.
moreTV & radio broadcasts on TV sets in hotel rooms do not constitute a communication made in a place accessible to the public against payment of an entrance fee
Copyright - The communication of television and radio broadcasts by means of TV sets installed in hotel rooms does not constitute a communication made in a place accessible to the public against payment of an entrance fee.
moreCJEU on advertisement comparing prices of goods sold in shops with different sizes or formats
Advertising Law - Advertising comparing the prices of goods sold in shops having different sizes or formats, is liable to be unlawful, where those shops are part of retail chains each of which includes a range of shops having different sizes or formats and where the advertiser compares the prices charged in shops …
moreOpinion CJEU about Marrakesh Treaty
Copyright - Opinion - The conclusion of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired or Otherwise Print Disabled falls within the exclusive competence of the European Union because the body of obligations laid down by the Marrakesh Treaty falls within an …
moreGeneral retention of user's data relating to electronic communication in breach with Directive on privacy and electronic communications
Privacy - National legislation providing for general and indiscriminate retention of all traffic and location data of subscribers and registered users relating to all means of electronic communication in breach with Directive on privacy and electronic communications
moreProprietor EU trade mark does not have to prove genuine use within five years following registration
Trade Mark Law - Based on Article 9(1)(b) of Regulation No 207/2009, read in conjunction with Articles 15(1) and 51(1)(a) of that regulation, a proprietor may, in case of likelihood of confusion, prevent third parties from using a sign identical or similar to his mark for identical or similar goods and services within …
moreTransitional measure of food- and health Regulation is applicable to foodstuff sold as a medical product before January 2005
Advertising Law - The transitional measure of article 28(2) of Regulation No 1924/2006 on food- and health claims for foodstuff is applicable to a foodstuff which was sold as a medicinal product before 2005 and was afterwards sold as a foodstuff under the same trademark or brand name.
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