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10 May 2010, 11:30 pm
Private International Law and the Downturn 1. [read post]
31 Dec 2012, 7:34 am
In the recent interim decision in Interflora, Inc. [read post]
7 Jan 2020, 1:58 am
Internal use by the proprietor does not suffice: Ansul at [37]; Verein [2009] ETMR 14 at [14]. [read post]
26 Feb 2017, 4:00 am
Though the BC Court of Appeal’s reasons do not address the international jurisprudence dire [read post]
8 Jul 2008, 9:59 am
Rep. 129, and the European Court of Justice ruling in Case C-355/96 Silhouette [1998] ECR I-4799, the EFTA Court had to concede that it and the ECJ had reached opposite conclusions. [read post]
21 Dec 2023, 9:00 am
The judge held that the defence of statutory acquiescence raised by the Defendants under section 48 of the Trade Marks Act 1994 (TMA 1994), could not succeed because the five year period only starts to run when the earlier trade mark owner has knowledge of both the use of the later trade mark, and of its registration (applying Case C-482/09, Budejovický Budvar np v Anheuser-Busch Inc [2011] ECR I-08701). [read post]
7 Jun 2010, 3:57 pm
Further, the decision of the Court of First Instance of the European Communities in Case T-90/05 Omega SA v Office for Harmonisation in the Internal Market [2007] ECR II-145 (noted here by the IPKat) meant that such an agreement was irrelevant to an objection made on relative grounds. [read post]
14 Feb 2010, 2:36 pm
It mainly focuses on cross border litigation which is considered to be closely related to the proper functioning of the Internal Market. [read post]
14 Jan 2015, 10:05 am
These questions, among others, find a response in yesterday's judgment of High Court for England and Wales, Chancery Division, ruling of Mr Justice Arnold in Enterprise Holdings Inc v Europcar Group UK and Another[2015] EWHC 17 (Ch).BackgroundEnterprise and Europcar are two heavyweights of the car rental market. [read post]
26 Apr 2007, 9:28 am
The referred questions this time round were complex but specific (to avoid the risk of referring this dispute to the ECJ for a third time):"Reboxed products(1) Where a parallel importer markets in one Member State a pharmaceutical product imported from another Member State in its original internal packaging but with a new exterior carton printed in the language of the Member State of importation (a "reboxed" product):(a) does the importer bear the burden of proving that the… [read post]
24 Apr 2020, 4:39 am
Traditionally, in International Shoe v. [read post]
18 Dec 2019, 4:08 pm
The case is WRC Adjudication ADJ-00020222 An International Sales and Marketing Executive v A Fashion Company (25 November 2019); the report explains that the download occurred in October 2017, and that the complainant became aware of this in March 2018. [read post]
5 Oct 2017, 3:33 pm
Earlier I posted about the European Commission’s Communication on Illegal Content Online. [read post]
23 Jan 2023, 5:57 am
In Case 159/02 Turner v Grovit [2004] ECR I-3565, the Full Court of the European Court of Justice found that it was inconsistent with the Brussels I Regulation to issue an anti-suit injunction to restrain proceedings in another Convention country. [read post]
3 May 2014, 8:56 am
Pfizer, Inc., 196 F. [read post]
12 Oct 2017, 4:22 pm
Earlier I posted about the European Commission’s Communication on Illegal Content Online. [read post]
