Advertising law: Every individual portion of honey closed by an aluminium seal supplied to mass caterers, constitutes a ‘pre-packaged foodstuff’ where the mass caterers sell those portions separately or as part of pre-prepared meals for an all-inclusive price

Trade Mark Law: Where an EU trade mark court finds that the use of a sign creates a likelihood of confusion with an EU trade mark in one part whilst not in another part, that court must conclude to an infringement of the exclusive right for the entire area of the Union with the exception of the part where there has...

Trade Mark Law - Although the General Court has erred in law regarding the admissibility of arguments put forward by Pensa Pharma, this has no impact on the operative part of the judgment under appeal

Copyright - Article 5(2)(b) of Directive 2001/29/EC precludes national legislation that depends on agreements between, on the one hand, an entity which has a legal monopoly on the representation of the interests of authors of works and, on the other hand, those liable to pay compensation or their trade associations...

Publication - Reticence is appropriate when publishing a portrait of someone who is suspected of a serious crime

Copyright - A member state may require that a provider of access to a communication network prevents that third parties make copyright-protected work available to the general public.

Copyright: posting hyperlinks to protected works on a website constitutes a communication to the public when those links are provided with the pursuit of financial gain by a person who knew of could reasonably have known the illegal nature of the publication of those works on that other website. Having regard to the...

Litigation - Tenant of sales points falls under the concept of ‘intermediary whose services are being used by a third party to infringe an intellectual property right within article 11 of the Directive.’ Injunctions toward intermediaries who provide letting of sales points in market halls are subject to the same...

Litigation - Directive 2004/48 allows national legislation providing that the court takes specific circumstances of the case into account whilst ordering the unsuccessful party to pay the legal costs incurred by the successful party, as well as flat rates, if reasonable, for legal costs incurred. The proportionality...

Litigation - Rule 50 of the Implementing Regulation cannot give discretion to the Boards of Appeal to additional evidence. Error in law by the General Court with regards to the discretion regarding additional evidence. Judgment of the General Court regarding a breach of art. 76(2) of the Regulation 207/2009.

Trade Mark Law: The General Court was able to find, without erring in law, that the principle of res judicata did not mean that the EUIPO was bound by the judgment of the tribunal de commerce de Bruxelles.

According to Advocate General Saugmandsgaard Øe, a general obligation to retain data imposed by a Member State on providers of electronic communication services may be compatible with EU law. However, it is imperative that that obligation be circumscribed by strict safeguards.

Trade Mark Law - Likelihood of confusion between "Ilja" and "Ilía natura"

Copyright Questions concerning article 5(2)(b) of directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (...

Litigation: Rule of jurisdiction of article 4.6 BCIP(court of the place of registration) as a special rule of jurisdiction is allowed under article 71 of Council Regulation No 44/2001 as indispensible to the functioning of the Benelux Union (article 350 TFEU).

Advertising Law: Health claims in food commercials fall within the scope of Regulation 1924/2006, even when the commercial is not aimed at the consumers but at health professoinals.

Trade Mark Law. Questions referred to the Court of Justice of the European Union for a preliminary ruling concerning the exhaustion of trade mark Schweppes

Unfair Commercial Practices: Obligation to indicate total price and price per weight unit on labels is not in conflict with the freedom to conduct a business ex article 6(1) TEU and article 15(1) and 16 of the Charter. Obligation to provide information on labels of the same article concerning the marketing standards...

Design Law: licensee may bring proceedings alleging infringement although that licence has not been entered in the register. Licensee can claim damages for its own loss under Article 32(3) CD-Regulation.

Trade Mark Law: EU trade mark court not held to prohibit from proceeding with acts of infringement of a trade mark when the proprietor of such a trade mark has not applied for such an order (Article 102 CTM-Regulation). No compensation possible in respect of acts of third parties occurring before publication for...