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28 Nov 2019, 4:42 am
In one of the most – if not the most – hotly anticipated and significant trade mark cases of the year, the EU Advocate General, Evgeni Tanchev, on 16 October 2019, handed down his Opinion in the Sky v Skykick case, following a reference by the English High Court to the Court of Justice of the European Union (CJEU). [read post]
28 Nov 2019, 4:42 am
In one of the most – if not the most – hotly anticipated and significant trade mark cases of the year, the EU Advocate General, Evgeni Tanchev, on 16 October 2019, handed down his Opinion in the Sky v Skykick case, following a reference by the English High Court to the Court of Justice of the European Union (CJEU). [read post]
15 Sep 2010, 4:46 pm
The European Court of Justice (see judgment in Case C-550/07 Akzo Nobel Chemicals Ltd v Commission) has ruled that in the competition field the European Commission has the right to seize and use as evidence legal advice given by in-house lawyers. [read post]
2 May 2019, 5:45 am
The relevant public consists of the public at large, including professionals in the fitness, health and wellness fields. [read post]
29 Dec 2017, 7:59 am
Because “benefits tourism” and the burden on the state must be reduced, like Arden LJ it was “impossible” for Lord Carnwath to hold that the objectives underpinning the regulations fell outside the wide margin of discretion allowed to national governments in this field. [read post]
11 Dec 2022, 9:56 am
The position of the EUIPO, when it comes to acquired distinctiveness through use in the UK for the purposes of an invalidation action against a registered EU trade mark (EUTM), is that the distinctiveness acquired through use in the UK is not relevant for EU trade mark applications filed after the end of the transition period (December 31st, 2020).However, the now said has not always been entirely clear, since case law (Decathlon v EUIPO (T‑349/19) EU:T:2020:488),… [read post]
7 Apr 2022, 8:59 am
Given the EU's economic interest on both the licensor and--from a level-playing-field point of view--licensee side, a more substantive and action-oriented response would have been warranted. [read post]
15 Dec 2017, 12:13 pm
Sign up for our mailing list: Leave this field empty if you're human: The post A Look at the European Commission’s Amicus Brief in United States v. [read post]
15 Dec 2017, 12:13 pm
Sign up for our mailing list: Leave this field empty if you're human: The post A Look at the European Commission’s Amicus Brief in United States v. [read post]
5 Feb 2020, 11:01 am
However, the CRM Directive and the Premier League v Murphy case indicate that competition law is the regulators instrument of choice.This book will appeal to anyone interested in the development of EU copyright policy, EU cross-border copyright licensing and access to copyright works, and in particular those with an interest in music and audio-visual works. [read post]
7 Mar 2014, 1:34 am
Given the general emphasis on comity in this field, it is perhaps surprising that the CJEU’s approach was given such short shrift, particularly as both Lord Toulson and Lady Hale explicitly expressed their unease with the substantive results of their decisions. [read post]
11 Jan 2009, 2:46 pm
The latter interpretation is shared by the SCADplus (summary of EU legislation) webpage on Rome II, which holds no official value, and is referred to by Prof. [read post]
15 Dec 2019, 2:15 pm
Discussions on the proposed Regulation continue.Cross-border liability and jurisdictionIn the law enforcement field the EU has proposed a Regulation on EU Production and Preservation Orders(the ‘e-Evidence Regulation’) and associated Directive that would set up a regime for some cross-border requests direct to service providers. [read post]
24 Aug 2016, 3:57 am
This is not surprising, given case law in other fields, but it is the first confirmation of this point in the e-commerce context. [read post]
3 Aug 2023, 4:49 am
Enforcement Gap for Actions against Defendants Domiciled within the EU To assess the enforcement gap, it is useful to distinguish EU companies from non-EU companies as defendants. [read post]
12 Jun 2014, 9:25 am
Leung; Trying to see the wood despite the trees: a plain approach to legal translation, Víctor González-Ruiz; Minimal unit of legal translation vs. minimal unit of thought, Svetlana V. [read post]
18 Nov 2020, 2:38 pm
How far-reaching are the new content moderation obligations in the field of copyright law? [read post]
4 Sep 2023, 12:00 pm
This finding is noteworthy and a field where we are likely to see developments during years to come.The report identified a number of underperforming countries that should have seen more litigation in the field of trade secrets (based on a formula taking into account national GDP and patents) like Germany and France, and a number of overperforming countries like Italy and Bulgaria. [read post]
28 Apr 2013, 8:40 am
Reciting Seager v Copydex and Banks v EMI Songs, the former judge stated that 'where an inventor wanted to sell his idea for money, money is what he got'. [read post]
26 Apr 2021, 7:52 am
The General Court considered that the opponent’s mark was registered in respect of ‘computer software’ and ‘mobile applications’ in Class 9 as a whole, not only for such goods relating to the field of transport. [read post]
