Evidence submitted by OHIM after expiry of period entails the rejection of the opposition

IPPT20131003, CJEU, Rintisch v OHIM - Proti Snack

Trade Mark Law - Litigation - Evidence submitted after expiry of period specified: the submission of evidence after the expiry of the period specified for that purpose by OHIM, in order to...

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General Court may not judge evidence which have not been examined by the Board of Appeal

IPPT20130926, CJEU, Centrotherm v OHIM II

Trade Mark Law - Litigation -  the General Court may not judge evidence which have not been examined by the Board of Appeal

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Exclusive right trade mark holder upon lapse of consent to shared use with third party

IPPT20130919, CJEU, Martin Y Paz v Fabriek Maroquinerie Gauquie

Trade Mark Law - Exclusive rights: - the national court may not limit exclusive right in a manner which exceeds limitations arising from Articles 5 to 7. - upon lapse of trade mark proprietor’s consent to shared use with a third party,...

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No need for professional diligence check in cases of misleading practice

IPPT20130919, CJEU, CHS v Team4 Travel

Unfair Commercial Practicesif a practice can be categorized as a misleading practice, it is not necessary to determine whether this practice is also contrary to the requirements of professional diligence.

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Article 27 of the TRIPs Agreement concerns patentability, not the protection conferred

IPPT20130718, CJEU, Daiichi Sankyo and Sanofi Aventis v DEMO

Patent Law - Article 27 of the TRIPs Agreement falls within the field of the common commercial policy. Article 27 of the TRIPs Agreement concerns patentability, not the protection conferred

Pharmaceutical process patent does not, by reason...

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Not necessarily to expressly state that a risk factor for food is ‘significantly’ reduced

IPPT20130718, CJEU, Green Swan

Advertising Law - Health can also be disease risk claim without claim that risk factor is ‘significantly’ reduced: a health claim need not necessarily expressly state that the consumption of a category of food, a food or one of its constituents...

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About submission of additional prove of normal use of a mark

IPPT20130718, CJEU, New-Yorker v OHIM

Trade Mark Law - Litigation - Submission of additional proof of use of mark permissible through use of discretion conferred upon OHIM: OHIM is in no way prohibited from taking account of evidence...

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Shorter hourly television advertising limits for pay-TV broadcasters permitted

IPPT20130718, CJEU, Sky Italia v AGCOM

Media Law - Advertising limits: shorter hourly television advertising limits for pay-TV broadcasters permitted with due consideration of principle of proportionality.

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Older use of color relevant for the assessment of the likelihood of confusion or unfair advantage

IPPT20130718, CJEU, Specsavers v Asda

Trade Mark Law - Genuine use of registered trade mark: used only in conjunction with a word mark which is superimposed over it is possible, to the extent that the differences between used and registered do not change the distinctive character....

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General prohibition on combined offers where at least one of the components of those offers is a financial service

IPPT20130718, CJEU, Citroen v FvF

Unfair Commercial Practices - General prohibition of combined offers involving financial services to consumers permitted under directive and freedom to provide services

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Obligation to pay fair compensation may not be excluded because of payment of a comparable levy in another Member State

IPPT20130711, CJEU, Amazon v Austro-Mechana

Copyright - System of indiscriminate application of private copying levy on placement on the market for commercial purposes under a pecuniary claim by all natural persons, with reimbursement permitted in case use of media does not meet levy criteria...

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Use of domain name and metatags covered by the term “advertising”

IPPT20130711, CJEU, BEST v Visys

Advertising Law - Use of domain name and metatags can be covered by the term “advertising,” the registration of a domain name cannot.

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Fair compensation owed for reproductions effected using a printer connected to a pc

IPPT20130627, CJEU, VG Wort

Copyright - Copyright Directive not applicable to acts of using protected works between the date of entry into force 22 June 2001 and transposition date 22 december 2002

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Knowledge of foreign use insufficient to determine bad faith

IPPT20130627, CJEU, Malaysia v Dairy

Trade Mark Law - “Bad faith” is an autonomous concept of European law which must be given uniform interpretation. Irrelevant that the concept is optional. No room for specific, deviating domestic systems of protection based on knowledge of...

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IPPT20130516, CJEU, Melzer v MF Global

IPPT20130516, CJEU, Melzer v MF Global

Trade Mark Law - Litigation - No jurisdiction based on place where a harmful event occurred which is imputed to a presumed co-perpetrator of damage with respect to other presumed perpetrators

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Genuine use of the rectangular red element on Levi jeans

IPPT20130418, CJEU, Colloseum v Levi Strauss

Trade Mark Law - Genuine use of a registered trademark constituting one of the elements of a composite mark is possible

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Unitary patent: no abuse of the instrument of enhanced cooperation

IPPT20130416, CJEU, Spain v Council

Patent Law - Council Decision 2011/167/EU of 10 March 2011 authorising enhanced cooperation in the area of the creation of unitary patent protection legally founded

 

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No marketing authorisation required for the preparation of ready-to-use syringes based on individual prescriptions

IPPT20130411, CJEU, Novartis v Apozyt

Pharmaceutical Law - No “new placement on the market” as a result of carrying out the preparation of ready-to-use syringes based on individual prescriptions

 

 

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Communication to the public may also include retransmission of an internetstream

IPPT20130331, CJEU, ITV v TVCatchup

Copyright - Communication to the public through direct retransmission of internet stream of television broadcast by another organisation:
- Funding by advertising and profit-making nature of retransmission not influential
- Unimportant...

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Opposition against later registered Community trademark possible without declaration of invalidity beforehand

IPPT20130221, CJEU, FCI v FCIPPR

Trade Mark Law - Opposition against a later registered Community trademark possible without the need for a declaration of invalidity beforehand

 

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