Vacancies for judges Unified Patent Court published.

IP10020

From the press release: "The recruitment of legally qualified and of technically qualified judges of the Unified Patent Court (Court of First Instance and Court of Appeal) has been launched with the publication of the vacancy notices in...

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EUIPO report on infringement of protected geographical indications in the European Union

IP10017

In the European Union (EU), Geographical Indications (GIs) for wine, spirits, agricultural products and foodstuffs are protected as sui generis intellectual property rights that act as certification that certain products possess particular qualities, characteristics or reputation essentially attributable...

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No facts and circumstances affecting the validity of the directive

IPPT20160504, CJEU, Pillbox v Secretary of State for Health

Advertising Law: no factors of such a kind as to affect the validity of Article 20 of Directive 2014/40 on the manufacture, presentation and sale of tobacco and related products.

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Payment claim in case of fair compensation is defined as tort commitment

IPPT20160421, CJEU, Austro-Mechana v Amazon

Private International Law: All actions which seek to establish the liability of a defendant are the concept of ‘matters relating to tort delict of quasi-delict’. A claim seeking to obtain ‘fair compensation’ for reprographic reproduction or reproduction for...

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Google Books just won a decade-long copyright fight

IP10015

The decade-long legal fight over Google's effort to create a digital library of millions of books is finally over.

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Appeal against judgment that there was no genuine use of the word mark 'SMART WATER' dismissed

IPPT20160317, CJEU, Naazneen v OHIM

Trade Mark Law - Litigation- The applicant’s arguments are essentially based on a misreading of the judgment of the General Court or concern factual findings of the General Court, which do not fall...

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Directive 2004/38 permits claims for compensation of moral prejudice as well as material damage

IPPT20160317, CJEU, Liffers v Mediaset

Liability - Damages must be calculated based on hypothetical royalties and any moral prejudice.

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No use of trade mark in website advertisements after ending trade mark use agreement

IPPT20160303, CJEU, Daimler

Trade Mark Law - Third party, who is named in an advertisement on a website, which contains a sign identical or similar to a trade mark in such a way as to give the impression that there is a commercial relationship between him and the...

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Opinion A-G CJEU on nutrition and health claims

IP10032

Advertising Law - Opinion A-G Saugmandsgaard Øe on nutrition and health claims made in communications exclusively addressed to the professional sector. Article 1(2) of Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20...

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'Black seconds' included in maximum share of 20% per clock hour for television advertising

IPPT20160217, CJEU, Sanoma v Viestintävirasto

Advertising Law - A split screen that shows the closing credits of a television programme in one column and a list presenting the supplier’s upcoming programmes in the other, in order to separate the programme which is ending from the...

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Judgment on the likelihood of confusion between the figurative parallel stripes remains intact

IPPT20160217, CJEU, Shoe Branding Europe v OHIM

Trademark law - The General Court carried out a global assessment. To assess the degree of similarity between marks, it is necessary to determine the degree of visual, aural or conceptual similarity to between them.

 

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Unregistered license Community trade mark may bring proceedings alleging infringement

IPPT20160204, CJEU, Hassan v Breiding

Trade Mark Law - Unregistered license Community trade mark may bring proceedings alleging infringement

 

 

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Complementarity is an autonomous criterion capable of being the basis for existence of a similarity

IPPT20160121, CJEU, Hesse v OHIM

Trade Mark Law - The General Court did not err in law by upholding the assessment of the Board of Appeal according to which the goods at issue were similar because of their complementarity: complementarity is an autonomous criterion capable of being the sole...

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'Evocation' of a name is not allowed, even in absence of any likelihood of confusion

IPPT20160121, CJEU, Viiniverla Oy

Geographical Indications - Even in the absence of any likelihood of confusion, ‘evocation’ of a name referred to in Annex III to regulation ‘Protection geographical indications’ is not allowed.

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General Court EU should have examined article 8(5) CTM because of conceptual similarity

IPPT20151210, CJEU, El Corte Inglés v OHIM

Trade Mark Law: Article 8(5) CTMR requires a lower similarity than article 8(1) under b CTMR

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Distribution of programs via direct injection constitutes no communication to the public

IPPT20151119, CJEU, SBS v Belgium

Copyright - No act of communication to the public at ‘point to point’ transmission of programme-carrying signals to distributors.

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Belgian system for reasonable compensation of copies for private use contrary to Copyright Directive

IPPT20151112, CJEU, Hewlett-Packard v Reprobel

Copyright Law - Restrictions for (i) reproduction on paper or any kind of photgraphic or (ii) copies for private use.

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Geographical information able to be constituted as 'independent materials' from a 'database'

IPPT20151029, CJEU, Freistaat Bayern v Verlag Esterbauer

Database Law - geographical information utilised from topographic maps has sufficient autonomous value to be constituted as ‘independent materials’ from a ‘database’.

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CJEU on likelihood of confusion between signs with letter sequence and descriptive combination of words

IPPT20151022, CJEU, BGW v Scholz

Trade Mark Law: in the Securvita case, there is no general rule for assessing the ancillary nature of a sequence of letters which reproduces the first letter of each of the words in the word combination with which it is juxtaposed. The...

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Likelihood of confusion between 'SÔ:UNIC' and 'SO...?' correctly established

IPPT20151015, CJEU, Debonair v OHIM

Trade Mark Law - General court applied right criterion to establish likelihood of confusion between the sign ‘SÔ:UNIC’ and the family of marks beginning with ‘SO…?’

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