Distinctive character through integration of contourless colour marks cannot be determined solely based on consumer survey

Print this page 19-08-2014

TRADE MARK LAW

 

Distinctive character through integration of contourless colour marks that cannot be determined solely based on consumer survey with a degree of recognition of at least 70%
 

Individual character must be evaluated by one or more individually considered earlier designs

Print this page 19-08-2014

DESIGN LAW

 

Individual character must not be evaluated on the basis of a combination of isolated features from a number of earlier designs, but by one or more individually considered earlier designs
 

Jurisdiction to hear an infringement action against the original seller who did not himself act in the Member State

Print this page 05-08-2014

TRADE MARK LAW INTERNATIONAL PRIVATE LAW

 

Community trade mark regulation does not allow jurisdiction to be established to hear an infringement action against the original seller who did not himself act in the Member State where the court seised is situated
 

On-screen and cached copies when viewing a website obtain authorisation from the copyright holders concerned

Print this page 05-08-2014

COPYRIGHT

 

Acts of reproduction when viewing website in terms of on-screen copies and cached copies of a temporary nature

 

Examining whether any of the components of a composite sign has an independent distinctive role

Print this page 08-07-2014

TRADE MARK LAW

 

Independent distinctive role for non-descriptive element ‘doughnuts’ in trademark ‘Bimbo Doughnuts’
 

Regulation does not preclude additional national protection regulations for geographical indications and designations

Print this page 08-07-2014

GEOGRAPHICAL INDICATIONS

 

Council Regulation on the protection of geographical indications and designations of agricultural products and foodstuffs does not preclude additional national protection regulations, if these regulations do not undermine the objectives pursued by the principles of Regulation No 2081/92 and the principle of free movement of goods.

 

Private copies from unlawful sources and lawful sources conflict with objectives of Copyright Directive

Print this page 10-06-2014

COPYRIGHTLITIGATION

 

Strict interpretation of exceptions precludes liability for copyright holders to tolerate rights violations which may involve the making of private copies.

 

Customs authorities may initiate proceedings themselves

Print this page 09-06-2014

CUSTOMS SEIZURE

 

Customs authorities may initiate proceedings to determine whether there has been an infringement of an intellectual property right under national law.

 

"44. In those circumstances, Article 13(1) of Regulation No 1383/2003 does not preclude the Member States from providing that the customs authorities may themselves initiate proceedings to determine whether there has been an infringement of an intellectual property right under national law.

Data Retention Directive invalid because it exceeds the limits of proportionality

Print this page 09-06-2014

PRIVACY LAW

 

Data Retention Directive invalid: it has exceeded the limits imposed by compliance with the principle of proportionality

 

"69. Having regard to all the foregoing considerations, it must be held that, by adopting Directive 2006/24, the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7, 8 and 52(1) of the Charter.

 

Limited jurisdiction to court of Member State within which damage is caused

Print this page 03-06-2014

PRIVATE INTERNATIONAL LAW – LITIGATION

 

Court of Member State within which damage is caused, where supposed perpetrator did not act, has jurisdiction only to rule on damage cause within territory of Member State to which it belongs.

 

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