IPPT20100316, CJEU, Olympique Lyonnais v Olivier Bernard and Newcastle

Print this page 16-03-2010

FREE MOVEMENT


Rules requiring a 'joueur espoir' are a restriction on freedom of movement for workers
• Rules according to which a ‘joueur espoir’, at the end of his training period, is required, under pain of being sued for damages, to sign a professional con-tract with the club which trained him are likely to discourage that player from exercising his right of free movement.

IPPT20100225, CJEU, Lancome v OHIM - Color Edition

Print this page 25-02-2010

TRADEMARK LAW

 

‘Color Edition’ is normal construction of words
• That the association of the terms ‘color’ and ‘edition’ was not unusual but a normal construction in light of the lexical rules of the English language and that the mark did not therefore create, for the target public, an impression sufficiently far removed from that produced by the simple juxtaposition of the verbal elements of which it was composed to alter its meaning or scope.
 

LITIGATION

IPPT20100215, EBA-EPO, Medi-Physics - Method for treatment by surgery

Print this page 23-02-2010

PATENT LAW

 

IPPT20100219, EBA-EPO, Abbott Respiratory â%93 Dosage regime

Print this page 22-02-2010

PATENT LAW

 

IPPT20100209, Court of Appeal, London, Eli Lilly v Human Genome Sciences

Print this page 09-02-2010

PATENT LAW

 

Authority of decisions of the Technical Boards of Appeal
• We follow any principle of law clearly laid down by them, only reserving the right to differ if we are sure that the commodore is steering the fleet on to the rocks
• No deference to findings or evaluations of fact by the TBA

 

IPPT20100121, CJEU, Audi v OHIM

Print this page 21-01-2010

TRADEMARK LAW


Advertising slogan can be a mark:
• On that point, it should be noted that the laudatory connotation of a word mark does not mean that it cannot be appropriate for the purposes of guaranteeing to consumers the origin of the goods or services which it covers. Thus, such a mark can be perceived by the relevant public both as a promotional formula and as an indication of the commercial origin of goods or services.

 

IPPT20100114, CJEU, Wettbewerbzentrale v Plus

Print this page 14-01-2010

UNFAIR COMMERCIAL PRACTICES

 

Application of the Directive regarding unfair commercial practices
• Not conditional on the presence of an external factor.

• Scope ratione materiae which extends to any commercial practice directly connected with the promotion, sale or supply of a product to consumers.

IPPT20090908, ECJ, Liga Portuguesa & Bwin International

Print this page 08-09-2009

GAMES OF CHANCE – FREEDOM TO PROVIDE SERVICES

 

Prohibition of legitimate foreign operators from of-fering games of chance via the internet
•  that Article 49 EC does not preclude legislation of a Member State, such as that at issue in the main proceedings, which prohibits operators such as Bwin, which are established in other Member States, in which they lawfully provide similar services, from offering games of chance via the internet within the territory of that Member State.

 

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