EU trade mark HP not descriptive, sufficiently distinctive and registered in good faith

IPPT20180424, General Court EU, Senetic v EUIPO
HP logo

Trade Mark Law - Senetic filed an application for a declaration of invalidity of the EU trade mark registrations of HP on the grounds that the marks were descriptive, lacked distinctiveness and that the registration of the marks was done in bad faith. 

 

 

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UK ratifies the Unified Patent Court Agreement

IP10122

From the press release: “The Minister for Intellectual Property, Sam Gyimah MP, has today (26 April 2018) confirmed that the UK has ratified the Unified Patent Court Agreement (UPCA). Our ratification brings the international court one step closer to reality. […]

 

Innovative businesses will benefit …

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Opinion AG CJEU: No SPC for active ingredients that are not mentioned in the words of the claims of the basis patent

IP10121
Pending Case law

Patent Law - SPCs. Case C-121/17: Teva v Gilead. Opinion A-G Wathelet. Preliminary questions High Court of Justice of England and Wales, Chancery Division.

 

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CJEU on the concept of "competitive disadvantage" point c, second paragraph of Article 102 of the TFEU

IPPT20180419, CJEU, Meo v Autoridade da Concorrencia

Abuse of a dominant position - Interpretation concept of “competetive disadvantage” (subparagraph (c) of the second paragraph of Article 102 TFEU) where a dominant undertaking applies discriminatory prices to trade partners on the downstream market, it covers a situation in which that behaviour is capable of …

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CJEU on seniority revoked national trade mark

IPPT20180419, CJEU, Peek & Cloppenburg

Trade Mark Law - No basis in EU law for the claim that the use of a national trade mark can have a have a curative effect in such a way as to maintain the rights attached to it after it has been surrendered. Trade mark proprietor declared his surrender of the mark or allowed it to lapse. EU law precludes national …

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Opinion AG CJEU: EUIPO must re-examine trade mark three-dimensional 'Kit Kat 4 fingers'

IP10119
Pending Case law

Trade Mark Law. Case C‑84/17 P Société des produits Nestlé v Mondelez UK Holdings & Services. Opinion AG Wathelet.

 

From the press release: "According to Advocate General Wathelet, EUIPO must re-examine whether the three-dimensional shape of the ‘Kit Kat 4 fingers’ product may be maintained as …

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Preliminary questions about jurisdiction of EU trade mark court

IP10118

Case C-172/18: AMS Neve and others. Prejudiciële vragen. Court of Appeal United Kingdom

 

The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement and offer for sale …

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Preliminary questions about jurisdiction of EU trade mark court

IP10117

Case C-172/18: AMS Neve and others. Preliminary questions Court of Appeal United Kingdom

 

Trade Mark Law. The referring judge poses the following questions:

"1. Does an EU trade mark court in Member State B have jurisdiction to hear a claim for infringement of the EU trade mark in respect of the advertisement …

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$ 19,2 million in statutory damages for infringement Harley-Davidson trademark

IP10116

World Intellectual Property Review: "Motorcycle manufacturer Harley-Davidson has secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, in what is Harley-Davidson’s largest-ever trademark infringement win. In May last year, Harley-Davidson accused SunFrog of selling …

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IViR Summer Courses on Privacy Law & Policy en International Copyright Law

IP10114

IViR: "SUMMER COURSES IN AMSTERDAM: INTERNATIONAL COPYRIGHT LAW & PRIVACY LAW AND POLICY

 

This summer, the Institute for Information Law (IViR), affiliated with the University of Amsterdam, will hold its annual Summer Courses on International Copyright Law and on Privacy Law and Policy. Both courses will …

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Invitation to HGF's INTA Drinks Reception

IP10113

Please join us at our INTA drinks reception on Monday 21st May to celebrate HGF's significant growth over the last 12 months. 

 

Our reception will be held at the award winning Loulay Kitchen & Bar which is less than a 5 minute walk to the Convention Centre.

 

Monday 21st May

5pm - 7pm

 

RSVP to Sinead …

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Trademark lawsuit against firm behind 'Alibabacoin' filed by Alibaba

IP10112

 Alibaba Group Holding Ltd on Monday sued a Dubai-based firm it said has caused confusion by using its trademarked name to raise more than $3.5 million in cryptocurrency known as “Alibabacoins.”

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Joint statement European IP organisations regarding the negotiations concerning Brexit

IP10111

"We do of course understand that there are many pressing issues connected to the negotiations. We wish, however, to emphasize the importance of IP for the economy in Europe, both in the EU27 and in the United Kingdom (UK). This view is well supported by previous studies made by the European Observatory on …

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Dolby sues Adobe for dodging license fees

IP10110

The Register: "Audio specialist Dolby Labs is suing Adobe for copyright violation as the two companies sit at odds over licensing payments.

complaint [PDF] filed with the Northern California District Court accuses Adobe of violating its copyright on nine different media encoders and software routines. The …

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'China will strengthen punishment of intellectual property rights violations'

IP10109

China will strengthen punishment of intellectual property rights violations and provide equal protection to both Chinese and foreign companies, the head of the intellectual property rights office said on Tuesday.

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CJEU: the existence of alternative designs isn’t decisive in order to ascertain whether the relevant features of appearance of a product are solely dictated by its technical function.

IPPT20180308, CJEU, Doceram v CeramTec

Design Law - In order to ascertain whether the features of appearance of a product are solely dictated by its function, it must be established that the function is the only factor which dictated those characteristics: the existence of alternative designs isn’t decisive. In order to ascertain whether the product is …

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Opinion AG CJEU on geographical indications for Whisky

IP10108
Pending Case law

Geographical IndicationsCase C-44/17 The Scotch Whisky Association. Preliminary questions. Landgericht Hamburg (Germany). Opinion A-G Saugmandsgaard Øe

 

From the press release: "Advocate General Saugmandsgaard Øe issues his opinion on the interpretation of EU law provisions relating to geographical …

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Preliminary questions about obligation of host-service to prevent further violations after violating personality rights

IP10107
Pending Case law

Privacy. Case C-18/18. Request for a preliminary ruling. Oberster Gerichtshof (Austria).

 

Unofficial translation: "Preliminary questions:

1. Does Article 15 (1) of Directive 2000/31 / EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in …

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Preliminary questions about registration of a fabric pattern as trademark

IP10106
Pending Case law

Trade mark law. Case C-21/18 Textilis. Request for a preliminary ruling. Patent- och marknadsöverdomstolen (Sweden). 

 

Unofficial translation: "Preliminary questions: 

1. Must Article 4 of Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Regulation (EC) No …

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