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DeutschIntellectual and industrial property: Calculation of damages. Does Article 13 of Directive 2004/48/EC preclude national legislation of a Member State?
The Judgement of the Court of Justice (Fifth Chamber) of 25 January 2017 resolves a referral raised for preliminary ruling concerning the case between Stowarzyszenie “Oławska Telewizja Kablowa” (OTK) and Stowarzyszenie Filmowców Polskich (SFP), in relation to the interpretation of Article 13 of Directive 2004/48/EC.
Wednesday February 8th, 2017
Requirements of distinctive character acquired through use
The Judgment of the General Court of 15 December 2016, in the case Mondelez UK Holdings & Services Ltd versus EUIPO and Société des produits Nestlé SA, analyses Article 7 of Regulation No 207/2009.
Thursday January 26th, 2017
LACK OF DISTINCTIVE CHARACTER AS ABSOLUTE GROUNDS FOR REFUSAL TO REGISTER A EUROPEAN UNION TRADE MARK.
Judgement of the General Court of 15 December 2016 in Case T-529/15 Intesa Sanpaolo SpA vs EUIPO.
Monday January 16th, 2017
DISTINCTIVE CHARACTER OF A FIGURATIVE MARK
The Judgement of the General Court of 15 December 2016, in the case Novartis AG versus EUIPO, analyses Article 7(1) of Regulation No 207/2009.
Tuesday January 3rd, 2017
TAKING UNFAIR ADVANTAGE OF THE DISTINCTIVENESS OR THE REPUTE OF AN EARLIER MARK
The Judgement of the General Court of 30 November 2016, in the case K&K Group AG versus EUIPO and Pret A Manger (Europe) Ltd, analyses Article 8(5) of Regulation No 207/2009.
Tuesday December 20th, 2016
MAIN NEWS REGARDING THE EUROPEAN REGULATION ON DATA PROTECTION
The new REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND COUNCIL of 27 April 2016, came into effect on 25 May 2016, with reference to the protection of natural persons regarding the processing of personal data and the free movement of such data.
Tuesday December 13th, 2016
Taking unfair advantage of the distinctive character or the repute of an earlier mark
The Judgment of the General Court of 28 September 2016, in the case of The Lacamanda Group Ltd versus EUIPO and Nigel Woolley, interprets the conditions that must be satisfied to be afforded the broader protection under Article 8(5).
Friday October 28th, 2016
EARLIER NATIONAL TRADE MARK
The Judgment of the General Court of 7 September 2016, in the case Victor International GmbH versus EUIPO and Gregorio Ovejero Jiménez, interprets the proof of genuine use of an earlier national trademark, and the likelihood of confusion between the earlier national trademark and the EU mark applied for.
Monday October 17th, 2016
Copyright : Communication of a work to the public
Judgement of the Court of Justice of 8 September 2016.
Tuesday September 27th, 2016
EU trade mark. Opposition proceedings: Earlier, non-registered national figurative marks. Evidence establishing the content of the national right.
Judgement of the General Court (Fourth Chamber), of 29 June 2016, in case T-567/17. Group OOD vs EUIPO and Kosta Iliev.
Friday July 22nd, 2016
Declaration of invalidity based on unregistered trademark
The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95.
Thursday July 21st, 2016
Declaration of invalidity based on unregistered trademark
The Judgement of the General Court of 29 June 2016, in the case Universal Protein Supplements Corp. versus EUIPO and H Young Holdings plc, interprets the applicant’s obligation laid down in Rule 37(b)(ii) of Commission Regulation (EC) No 2868/95.
Wednesday July 20th, 2016