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14 Dec 2014, 6:06 am
GmbH v Klijsen Handel BV, at 17; Case C-251/95 SABEL v Puma at 18-19). [read post]
10 Nov 2018, 11:16 am by Florian Mueller
On Tuesday I mostly wanted to publish the news quickly, and I focused on the commercial consequences.The legal standard applied by Judge Koh was stated as follows in the Ninth Circuit's 2006 opinion in Miller v. [read post]
24 Oct 2017, 8:33 am
The Board, annulling the decision of the Cancellation Division, declared the invalidity of EUTM 11775509 ‘TOBBIA’.PREVIOUSLY ON NEVER TOO LATENever Too Late 165 [week ending 1 October] German Federal Court of Justice rules that GS Media presumption of knowledge does not apply to Google Images I Images search service I Life as an IP Lawyer: Washington, D.C. [read post]
28 Mar 2013, 4:54 pm
The history of Medion is also the story of the German Bundesgerichtshof's doctrine of Prägetheorie, its trip to Luxembourg, and of the European and national case law that has made the issues in Medion that little bit more accessible to us all. [read post]
6 Jul 2014, 9:19 pm
* Alice in Patentland: a comic perspectiveSoftware patent decision Alice v CLS Bank finds its way to the world of comics thank to imaginative kat-friend Julia Powlesand Wired.co.uk. [read post]
11 Dec 2013, 1:16 pm
In L'Oréal SA and others v Bellure NV and others [2010] EWCA Civ 535[noted here by the IPKat] a comparative advertisement was held to constitute unfair practice where one brand had taken unfair advantage of the reputation of another well-known brand by free-riding on the coat tails of their success. [read post]
17 Jul 2017, 3:39 pm
 This GuestKat has noted with interest comments which suggest that this case opens the way to a doctrine of "file wrapper estoppel" in the UK, but wonders whether the case really goes much further than existing UK case law which has admitted reference to the file in cases of "admissions against interest" - see for example Rohm & Haas v Collag [2002] F.S.R. 28  and  Furr v Truline [1985] F.S.R. 553. [read post]
18 Sep 2018, 2:23 am
publishers’ right in online publications |  German Court: TV show may not use ‘bloopers’ from other network without permission |  US Congress considers extending copyright term | Swedish ISP Telenor will voluntary block The Pirate Bay | You don't think that street names matter: Try telling your grandchildren that your fancy office is on "Crustacean Street" | Stay of injunction in public interest: Edwards Lifesciences v Boston |… [read post]
25 Oct 2021, 10:57 pm by Florian Mueller
In the summer, the Dusseldorf Regional Court, whose FRAND case law used to be at the other end of the German spectrum, granted General Electric and Mitsubishi a pre-emptive anti-antisuit injunction against Xiaomi.The Dutch Ericsson v. [read post]