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19 Dec 2019, 1:30 am
Like on Christmas morning, the CJEU finally delivered its judgment earlier this month.As discussed above, the case of Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH concerned the registration "Aceto Balsamico di Modena" (PGI application here) in relation to a balsamic vinegar which is produced in the Modena region of Italy. [read post]
19 Dec 2019, 1:30 am
Like on Christmas morning, the CJEU finally delivered its judgment earlier this month.As discussed above, the case of Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH concerned the registration "Aceto Balsamico di Modena" (PGI application here) in relation to a balsamic vinegar which is produced in the Modena region of Italy. [read post]
18 Dec 2019, 4:08 pm
He gave Article 23 DPD a very narrow reading, contrary to CJEU decisions such as Case C–168/00 Leitner v TUI Deutschland GmbH [2002] ECR I–1631 (ECLI:EU:C:2002:163; ECJ, 12 March 2002), which held that compensation for “damage” must include both material and non-material damage, that is, both actual damage and distress (see also Case C-63/09 Walz v Clickair SA [2010] ECR I 4239 (ECLI:EU:C:2010:251; CJEU, 6 May 2010); Case… [read post]
18 Dec 2019, 5:50 am
In the opposition, the appellant had stated that the train 02 of the TDR class 460 it manufactured - like the trains 01 and 03 to 16 – became publicly available through prior use when it was handed over to the operating company "Transregio Deutsche Regionalbahn GmbH" and subsequently accepted on 12 December 2008, and (with the features evident from Annexes D1 / D2) thus anticipate the subject of the patent in a way that is harmful to novelty. [read post]
15 Dec 2019, 11:48 am
Der Grüne Punkt's trade markBackground On 12 June 1996, Der Grüne Punkt — Duales System Deutschland GmbH (Der Grüne Punkt) filed an application for registration of an EU collective trade mark with the EUIPO. [read post]
11 Dec 2019, 7:32 am
On December 9, 2019, the German Federal Data Protection Supervisory Authority (BfDI) imposed a 9.55 million Euro fine on the telecommunications company 1&1 Telecom GmbH. [read post]
10 Dec 2019, 12:20 am
EUIPO (C-702/18), where he suggested that the possibility of submitting new arguments and evidence before the General Court in trade mark opposition proceedings could be broadened.Katfriend Deborah Vincze provides a summary of the final implementation in France of Directive 2015/2436 on trade marks.GuestKat Nedim Malovic examines a recent decision of the Fourth Board of Appeal, which found likelihood of confusion between two figurative marks of whales on the… [read post]
8 Dec 2019, 9:00 pm
L'opposant Siemens avait basé son opposition uniquement sur un usage antérieur, en l'espèce la vente d'un train TDR-Baureihe 460 à la société Transregio Deutsche Regionalbahn GmbH. [read post]
6 Dec 2019, 7:10 am
AUSTRALIA Australia’s four biggest banks – Westpac, ANZ Bank, National Australia Bank and the Commonwealth Bank of Australia – hold AUD 1.4tn (approximately USD 960bn) in assets which are equivalent to around 140 per cent of Australia’s gross domestic product, and also hold around 80 per cent of Australia’s loans. [read post]
5 Dec 2019, 10:25 am
Yesterday, the Court of Justice of the EU (CJEU) issued its decision in Case C-432/18, Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH [here]. [read post]
3 Dec 2019, 12:33 pm
., which is wholly-owned by CAS-One Holdinggesellschaft mbH, which is wholly-owned by Continental Caoutchouc-Export-GmbH, which is owned 51% by Continental Automotive GmbH and 49% by Continental A.G. [read post]
3 Dec 2019, 1:51 am
Bart van WezenbeekWhere an expression in a granted claim, taken literally and in isolation, would have the effect of excluding all of the disclosed embodiments from the scope of protection, but where a definition of the expression may be derived from the patent itself which would locate (at least some of) the disclosed embodiments within the ambit of the claim, and provided this definition is not manifestly unreasonable having regard to the normal meaning of the words used in the expression, then in… [read post]
22 Nov 2019, 2:44 pm
Bohler-Edelstahl GmbH &Co. [read post]
22 Nov 2019, 5:30 am
In July, the UK Information Commissioner’s Office published an extensive “Guidance on the use of cookies and similar technologies”; the Commission Nationale de L’informatique (CNIL) of France published an updated version of its guidance on cookies; and the CJEU issued an informative opinion (Fashion ID GmbH & Co. [read post]
19 Nov 2019, 9:29 pm
(KPN) sued Gemalto M2M GmbH (Gemalto) and several other parties in the District of Delaware for infringement of its U.S. [read post]
18 Nov 2019, 12:45 pm
KPN sued Gemalto M2M GMBH (Gemalto) in the district court and Gemalto moved under Rule 12(c) for a judgment on the pleadings, arguing that claims 1-4 of the '662 patent were ineligible under 35 U.S.C § 101, which the district court granted. [read post]
18 Nov 2019, 12:45 pm
KPN sued Gemalto M2M GMBH (Gemalto) in the district court and Gemalto moved under Rule... [read post]
17 Nov 2019, 7:56 am
Die 200 Stammanteile an der Wire Swiss GmbH wurden bereits im Juli 2019 übertragen. [read post]
17 Nov 2019, 4:10 am
Die Datenschutz-Grundverordnung (DSGVO) beziehungsweise General Data Protection Regulation (GDPR) gilt nicht nur im Europäischen Wirtschaftsraum (EWR) einschliesslich Europäischer Union (EU). [read post]
13 Nov 2019, 9:15 am
Boehringer Ingelheim International GMBH, IPR2016-01563, Paper 16 (Feb. 3, 2017), that a relied-upon Glucophage label had no source identifying information or indicia of when it became publicly available and the declaration attesting to its publication was not based on personal knowledge, but was merely conclusory. [read post]
