Partner who is not authorised to commercial use of a trade mark is not a 'licensee of prior rights' for purposes of eu-domain name registration

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TRADE MARK LAW – EU DOMAIN NAME LAW

 

Contractual partner who is solely authorised by proprietor trade mark to register eu-domain name, but not authorised to commercial use, is not a “licensee of prior rights” for purposes of eu-domain name registration.

 

Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent

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PATENT LAW


Mere existence of earlier authorisation veterinary medicinal product does not preclude SPC for different application within basic patent.

 

Irreconcilable judgments are possible in cases of infringement by companies of same national part of European Patent with same product

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PATENT LAWPRIVATE INTERNATIONAL LAW - LITIGATION

 

Possibility of irreconcilable judgments (article 6 EEX Convention) if companies are each separately accused of infringement of same national part of European patent with same product

 

No equivalent protection of gamblers in different Member States

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ADVERTISING LAW

 

Prohibition of advertising games of chance permitted if other Member State does not provide equivalent protection of gamblers

 

No economic activity public authority by acting on statutory obligations

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ABUSE OF A DOMINANT POSITION

 

No economic activity public authority by acting on statutory obligations; no undertaking (abuse of dominant position).

 

Reasonable compensation does not include costs incurred for monitoring compliance

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PLANT VARIETY RIGHTS

 

“Reasonable compensation” in case of infringement variety right equivalent to C-licence: fee payable in the same area for production under licence of propagating material  of same variety.

 

Distribution to the public in a Member State when the public is targetted and delivery is enabled, whether or not via a third party

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COPYRIGHT

 

Distribution to the public in a Member State: when a trader targets the public in that Member State and enables delivery in that Member State, whether or not via a third party.

 

Sign consisting of the shape of a rabbit with red ribbon is devoid of any distinctive character

Print this page 17-09-2012

TRADE MARK LAW

 

Ruling on proper grounds that sign consisting of shape of a rabbit with red ribbon is devoid of any distinctive character.

 

General Court has incorrectly ruled in opposition proceedings that ‘F1’ element in national trademark is generic, descriptive and devoid of any distinctive character

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TRADE MARK LAW

 

Validity of national trade marks not to be questioned during opposition proceedings Community trade mark.

 

Actual and present harm to a mark is required and cannot be hypthetical

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TRADE MARK LAW

 

Reputation of the trade mark Botox with respect to each of the categories comprising the relevant public.

 

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