About submission of additional prove of normal use of a mark

Print this page 18-09-2013

TRADE MARK LAWLITIGATION

 

Submission of additional proof of use of mark permissible through use of discretion conferred upon OHIM.

 

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

Print this page 18-09-2013

ADVERTISING LAW

 

Health can also be disease risk claim without claim that risk factor is ‘significantly’ reduced.

 

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

Print this page 18-09-2013

PATENT LAW

 

Article 27 of the TRIPs Agreement falls within the field of the common commercial policy.

 

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

Print this page 18-09-2013

UNFAIR COMMERCIAL PRACTICES

 

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

 

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

Print this page 14-09-2013

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, where justified as a result of practical difficulties and the right to reimbursement is effective

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

Print this page 11-09-2013

ADVERTISING LAW

 

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

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

Print this page 29-08-2013

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.

Knowledge of foreign use insufficient to determine bad faith

Print this page 28-08-2013

TRADE MARK LAW

 

“Bad faith” is an autonomous concept of European law which must be given uniform interpretation. Irrelevant that the concept is optional.
 

CJEU on the jurisdiction of courts of the place where a harmful event occurred

Print this page 17-07-2013

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

 

Genuine use of the rectangular red element on Levi jeans

Print this page 20-06-2013

TRADE MARK LAW

 

Genuine use of a registered trademark constituting one of the elements of a composite mark is possible.

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