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 proprietor, makes no use of the mark (Article 5(1)(a) and (b) of the Trade Marks …

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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 December 2006 on nutrition and health claims made on foods.

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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 television advertising allowed when it meets the requirements set out in Article …

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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 basis for the existence of such a similarity

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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 relevant public’s perception varies according to whether what is being assessed …

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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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Short videos on the website of a newspaper can be covered by the concept of program

IPPT20151021, CJEU, New Media Online

Media Law: videos of short duration under the subdomain of a website of a newspaper can be covered by the concept of program as laid down in the Audiovisual Media Services Directive. Principal purpose of a service making videos available offered in the electronic version of a newspaper depends upon whether that …

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Decision of Commission that USA ensures an adequate level of protection of transferred personal data invalid

IPPT20151006, CJEU, Schrems v Data Protection Commissioner

Personal Data: existence of a decision adopted by the Commission that a third country ensures an adequate level of protection does not prevent a supervisory authority of a Member State from examination. Decision of Commission that the USA ensures an adequate level of protection of transferred personal data (Safe …

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CJEU about the concept 'date of the first authorisation to place the product on the market in the European Union’

IPPT20151006, CJEU, Seattle Genetics v Patentamt

Patent law. The ‘date of the first authorisation to place the product on the market in the European Union’ of Article 13(1) SPC Regulation is determined by EU law. The ‘date of the first authorisation to place the product on the market in the European Union’ is the date on which notification of the decisions …

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Exclusion of for a technical result necessary shape of goods refers only to the manner in which the goods are manufactured

IPPT20150916, CJEU, Nestlé v Cadbury

Trade Mark Law - For the annulment of a shape it has to be covered by one or more grounds of refusal. Exclusion of a for a technical result necessary shape of goods, must be interpreted as referring only to the manner in which the goods are manufactured. Integration: applicant must prove that the relevant class of …

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CJEU on concept of 'reputation in the Community' in article 4(3) Trade Marks Directive

IPPT20150903, CJEU, Iron Smith v Unilever

Trade Mark Law - Mark with reputation of earlier Community mark: must have reputation in substantial part of the EU, may coincide with territory of single Member State. Criteria concerning genuine use are not relevant in order to establish the existence of a ‘reputation’. Proprietor of the earlier Community trade …

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Assessment of likelihood of confusion conducted correctly because of inconsistency in the appellant's arguments

IPPT20150709, CJEU, Pera-Grave v BHIM

Trade Mark Law - Inconsistency in the arguments of the appellant: the General Court cannot be criticized for not having applied the case-law arising out of the judgment in T.I.M.E. ART v OHIM, because of the inconsistency in the appellant’s arguments

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