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12 Apr 2022, 1:19 am
Luckily, the CJEU has recently handed down its decision on the matter, clarifying the position for current and prospective copiers alike.The case of Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Strato AG concerned Austro-Mechana, who is a copyright collecting society in Austria acting in a fiduciary capacity for the interests of its members and asserting the legal rights they have in their works on their behalf. [read post]
12 Apr 2022, 1:19 am
Luckily, the CJEU has recently handed down its decision on the matter, clarifying the position for current and prospective copiers alike.The case of Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte GmbH v Strato AG concerned Austro-Mechana, who is a copyright collecting society in Austria acting in a fiduciary capacity for the interests of its members and asserting the legal rights they have in their works on their behalf. [read post]
11 Apr 2022, 8:47 am
DynaEnergetics Europe GmbH (“DynaEnergetics”) owns the ‘422 patent. [read post]
7 Apr 2022, 3:39 am
" Applicant asserted that the proposed mark is not merely descriptive because “[t]he SLEEPCAST mark does not describe the recordings offered under the mark with any degree of particularity,” pointing out that the Examining Attorney’s sleep podcast evidence includes genres such as bedtime stories, meditation, sleep science, relaxing sounds, hypnosis, and Bible stories.]In re Biogena GmbH & Co., Serial No. 79285012 (March 7, 2022) [not precedential] (Opinion by Marc… [read post]
30 Mar 2022, 7:01 am
Microsoft EU Bundling On 26 November 2021, Nextcloud GmbH and other companies who offer services in competition with Microsoft Teams and OneDrive filed a complaint with the EC accusing Microsoft of anticompetitive behaviour in bundling OneDrive, Teams and other services with Windows. [read post]
28 Mar 2022, 3:43 am
On Tuesday 29th March the Supreme Court will hear the case of The Soldiers, Sailors, Airmen and Families Association – Forces Help and another (Respondents) v Allgemeines Krankenhaus Viersen GmbH (Appellant) on appeal from [2020] EWCA Civ 926. [read post]
24 Mar 2022, 7:04 pm
DynaEnergetics GmbH & Co. [read post]
17 Mar 2022, 9:06 pm
Noonan -- On March 16th, the Federal Circuit denied Biogen's petition for panel rehearing and rehearing en banc in Biogen Int'l GmbH v. [read post]
17 Mar 2022, 2:32 pm
Biogen Int’l GmbH v. [read post]
15 Mar 2022, 10:15 am
In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. [read post]
15 Mar 2022, 10:15 am
In the first major patent infringement lawsuit in the mRNA space, on February 28, 2022, Arbutus Biopharma Corporation (“Arbutus”) and Genevant Sciences GmbH (“Genevant”) sued Moderna, Inc. and ModernaTX, Inc. [read post]
14 Mar 2022, 6:55 pm
The merchandise at issue in this case looks like this:The Court of International Trade previously addressed the classification of this material without the printing in a case called Amcor Flexibles Singen Gmbh v. [read post]
8 Mar 2022, 10:01 pm
KG and Apple GmbH, i.e., two German Apple subsidiaries, the first one of which is a limited partnership whose general partner is a Dutch legal entity, owing to Apple's famous tax optimization in the EU (which may be debatable from a policy point of view, but which doesn't raise "state aid" issues, though some people in Brussels would beg to differ on that part).In Mannheim, the guiding principle appears to be "one Apple-Ericsson case a month. [read post]
8 Mar 2022, 8:11 am
Author Thomas Woolner Source Wikimedia Jane LambertPatents Court (Mr Justice Mellor) Advanced Bionics AG and another v MED-El Elektromedizinische Gerate GmbH [2021] EWHC 2415 (Pat) (31 Aug 2021)In International Patent Litigation - Abbott Laboratories Ltd v Dexcom Inc. 3 March 2022 I discussed the so-called German "injunction gap" and an application to expedite the trial of a revocation action in [read post]
6 Mar 2022, 1:35 pm
Marks IP has reported on the background to the dispute and the JPO's decision on the invalidity action.In Europe, the General Court recently discussed a case involving opposition proceedings relating to the likelihood of confusion between the marks "CODE-X" and "Cody's" for beverages in class 32 and whether phonetic similarity is of particular importance in the beverage sector (Judgment of the General Court (Fifth Chamber) of 23 February 2022 in… [read post]
5 Mar 2022, 6:35 pm
GmbH v. [read post]
22 Feb 2022, 4:37 pm
Our presenters discuss various aspects of e-justice in Europe, with a focus on Austria and Germany: Sebastian Leitner, E-Justice in Europe and Austria Isabelle Biallaß, E-Justice in Germany Stefan Eder, Partner, Benn-Ibler Rechtsanwälte GmbH, E-Justice in Europe and Austria – solicitor’s view See you then! [read post]
21 Feb 2022, 10:45 am
Andreas Benz lässt sich gegenüber dem Eidgenössischen Institut für Geistiges Eigentum (IGE) von der Swissplanet GmbH, dem Unternehmen von Markus Hilfiker, vertreten. [read post]
21 Feb 2022, 4:27 am
However, trademark holders should be aware that in a case between Novartis Pharma GmbH and Abacus Medicine A/S in Landgericht Hamburg, a request for a preliminary ruling by the ECJ was lodged on 23 March 2020. [read post]
17 Feb 2022, 9:30 am
GmbH as a Possible Trademark Troll Depiction of Michigan as Hands Doesn’t Preclude Similar Depictions–High Five v. [read post]