Adding additional label to parallel imported medical device does not constitute a trade mark infringement

IPPT20180517, CJEU, Junek v Lohman en Rauscher

Trade Mark Law - Trade mark proprietor cannot oppose parallel import of a medical device in authentic inside- and outside packaging which, by its content, function, size, presentation and placement, does not give rise to a risk to the guarantee of origin of the medical device bearing the mark. Conditions from …


Representation of a design for which registration is sought requires to clearly identify that design

IPPT20180705, CJEU, Jägermeister v EUIPO

Design Law - Article 36(1)(c) of the Community Designs Regulation requires the representation of a design for which registration is sought to clearly identify that design


Board of Appeal may take account of additional evidence of use which is submitted after the time period set by the Board

IPPT20180228, CJEU, v EUIPO

Trade Mark LawGeneral Court has rightly found that the Board of Appeal is entitled to take account of additional evidence of use which is submitted after the time period set by the Board: addition to the evidence adduced within the time period set by EUIPO under Rule 40(6) of the Implementing Regulation which is …


Apple and Samsung settle patent infringement lawsuit in United States


CNN: "The two companies agreed to a settlement in the case, according to court documents filed Wednesday, but did not disclose the terms.


The settlement closes a dispute that started in 2011 when Apple accused Samsung (SSNLF) of "slavishly" copying the iPhone's design and software features. A jury awarded Apple …


ECHR: Russia held to pay €12.500 in non-pecuniary damages for infringement of the right to freedom of expression of Russian journalist

Case law

Publication - The European Court of Human Rights held that Russia violated Article 10 of the European Convention on Human Rights in the case brought before the Court by Russian journalist Boris Vladimirovisch Stomakhin.


Stomakhin was the editor, publisher and distributor of a monthly newsletter between 2000 en …


SPC-holder authorised by Specific Mechanisms to oppose to parallel imports from new Member States where it was impossible to apply for an equivalent patent at the time of application

IPPT20180621, CJEU, Pfizer v Orifarm

Patent Law - SPCs - Holder of an SPC issued in another Member State than the new Member States is authorised by the Specific Mechanisms to oppose the parallel importation of a medicinal product where the legal systems of those States did not yet provide for such a possibility at the time when the application for a …


European Parliament Committee on Legal Affairs approves uploadfilter


Press release: “The committee approved its position in a tight vote by 14 votes to 9, with 2 abstentions, and adopted by the same majority a decision to enter into negotiations with the Council, the other arm of the legislator.


Creators and news publishers must adapt to the new world of  the internet as it …


CJEU: Louboutin's red sole is a valid trade mark

IPPT20180612, CJEU, Louboutin v Van Haren

(Courtesy of Jesse Hofhuis, Hofhuis Alkema Groen and Thierry van Innis, Van Innis & DelarueTrade mark law  - Article 3 (1) (e) (iii) of Directive 2008/95 / EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks must be …


Opinion AG CJEU on applicability of strict assessment criteria for distinctive character of signs that coincide with the appearance of the goods

Pending Case law

Trade Mark LawCase C-26/17 P. Birkenstock v EUIPO. Appeal. Opinion AG Szpunar. Opinion on the partial refusal of the pictured figurative mark of Birkenstock. The opinion is limited to the first part of the appeal, discussing mostly the criteria for the application of the strict requirements that are used in the …


Opinion AG CJEU: No presumption of liability of holders of internet connection for copyright infringements

Pending Case law

Copyright. IP enforcement. Case C-149/17: Bastei Lübbe v Strotzer. Opinion A-G Szpunar. Preliminary questions Landgericht München I – Germany. 

Bastei Lübbe is a producer of phonograms and holder of the copyrights and neighbouring rights to the audio version of a book. This phonogram has been shared with an …


The administrator of a fan page on Facebook is jointly responsible for the processing of data

IPPT20180605, CJEU, Wirtschaftsakademie Schleswig-Holstein

Privacy - The administrator of a fan page hosted on Facebook is responsible for the personal data of the visitors to its fan page: the fact that an administrator uses the platform provided by Facebook cannot exempt it from compliance with its obligations concerning the protection of personal data. Where an undertaking …


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