Trade Mark Law - The use of an individual EU trade mark as a label of quality is not a genuine use. An individual trade mark cannot be declared invalid, on the basis of Article 52(1)(a) and Article 7(1)(g), because the proprietor of the mark fails to ensure, by carrying out periodic quality controls at its licensees...

A request for preliminary ruling in the case of the sampling of Kraftwerk’s Metall auf Metall.

IP-Portal publishes EU intellectual property materials for IP professionals and students of European IP law. IP-Portal is a publication of B9 Publishing, the publisher of the Dutch IP-website www.boek9.nl, live since 2004.

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 covers...

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...

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

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 considered a...

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 the...

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...

C-231/16, Merck v Merck, Opinion of A-G M. Szpunar. Prejudicial questions Landesgericht Hamburg.

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'.

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...

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

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.

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...

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 Article...

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.

Case Note - Dick van Engelen: CJEU, 18 July 2013, (C-414/11)1F1F  (Daiichi Sankyo and Sanofi-Aventis v DEMO) (IPPT20130718) (Opinion of A-G P. Cruz Villalón), Judges: V. Skouris, K. Lenaerts, A. Tizzano, M. Ilešič (rapporteur), L. Bay Larsen, T. von Danwitz, A. Rosas and E. Jarašiūnas, U. Lõhmus, J.-C. Bonichot, A...

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.

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...