Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously

Print this page 12-08-2010

TRADE MARK LAWLITIGATION

 

Burden of proof


"69. [...] Agency competent to require proof that an earlier mark has been renewed, but proof that an earlier mark has been renewed won’t be given spontaneously"

 

New plea which extends the subject-matter of the dispute cannot be introuduced in appeal

 

IPPT20100708, CJEU, Sjöberg & Gerdin

Print this page 20-07-2010

ADVERTISING LAW – FREE MOVEMENT

 

Prohibition on advertising of foreign gambling not precluded
• that Article 49 EC must be interpreted as not precluding legislation of a Member State, such as that at issue in the main actions, which prohibits the advertising to residents of that State of gambling organised for the purposes of profit by private operators in other Member States.

 

IPPT20100708, CJEU, Portakabin v Primakabin

Print this page 10-07-2010

TRADEMARK LAW

 

IPPT20100624, CJEU, Barbara Becker

Print this page 05-07-2010

TRADEMARK LAW

 

Assesment of conceptual similarity
• the General Court erred in law in basing its assessment of the conceptual similarity of the marks on general considerations taken from the case-law without analysing all the relevant factors specific to the case, in disregard of the requirement of an overall assessment of the likelihood of confusion, taking account of all factors relevant to the circumstances of the case, and based on the overall impression produced by the marks at issue.

 

IPPT20100622, GCEU, Shenzhen v BHIM

Print this page 26-06-2010

DESIGN LAW

 

Made available to the public at trade fair and specialised press
• The circles specialised in the conference units sector, operating in the European Union, follow the trade fairs and specialised reviews of that sector in the normal course of business.

 

IPPT20100615, GCEU, X Technology Swiss v OHIM

Print this page 16-06-2010

TRADEMARK RIGHTS

 

Distinctive character – qualification trademark
• The decisive factor is not the classification of the sign as figurative, threedimensional or other, but the fact that the sign is indistinguishable from the appearance of the product designated.

 

IPPT20100603, CJEU, Sporting Exchange v Sporttotalisator

Print this page 15-06-2010

GAMES OF CHANCE – FREEDOM TO PRO-VIDE SERVICES

 

IPPT20100603, CJEU, Ladbrokes v Sporttotalisator

Print this page 15-06-2010

GAMES OF CHANCE – FREEDOM TO PROVIDE SERVICES

 

IPPT20100603, CJEU, Internetportal v Schlicht

Print this page 12-06-2010

TRADEMARK LAW

 

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