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2 Apr 2014, 9:24 pm
The Supreme Court of India has been vascillating between two views on the Law of the Arbitration Agreement: according to the first view, as held in NTPC v Singer (See this post) and recently in Sakuma Exports v Louis Dreyfus Commodities (28.03.2014) the proper law of the contract is chosen, in the absence of unmistakable intention to the contrary, the same would be the law of the arbitration agreement; the second view, as decided recently in Enercon GmbH v Enercon India (see this… [read post]
1 Apr 2014, 8:00 am
The case arose out of a dispute in Austria between two movie companies and an Austrian ISP, UPC Telekabel Wien GmbH. [read post]
31 Mar 2014, 11:34 am
News comes via Dreyfus (see full article here) which stated on February 5, 2014, the domain name ’canyon.bike’ was registered anonymously with Godaddy.com, a registrar company, and German company Canyon Bicycles GmbH responded quickly by filing a Uniform Domain-Name Dispute-Resolution Policy (usually referred to as “UDRP”) complaint. [read post]
27 Mar 2014, 5:46 am
The Court of Justice of the European Union gave judgment this morning in Case C-314/12 UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH and Wega Filmproduktionsgesellschaft mbH, a reference for a preliminary ruling from the Oberster Gerichtshof (the Austrian Supreme Court). [read post]
24 Mar 2014, 2:56 am
Enercon GmbH. [read post]
21 Mar 2014, 7:59 am
Bloomberg News reported Boehringer Ingelheim GmbH failed to reveal “a data analysis to U.S. regulators that” suggested the blood-thinner Pradaxa “may have caused more fatal bleeding after it was cleared for sale than the drug did in a study used to win approval,” citing unsealed court filings. [read post]
19 Mar 2014, 2:18 pm
In the first of what are likely to be many Uniform Domain-Name Dispute-Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) cases related to the new gTLD program, CANYON.BIKE was transferred to Canyon Bicycles GmbH of Koblenz, Germany. [read post]
14 Mar 2014, 7:06 am
Courts in the UK, Belgium and France have all granted blocking orders and in UPC Telekabel Wien GmbH v Constantin Film Verleih GmbH und Wega Filmproduktionsgesellschaft GmbH the Advocate General's opinion was that Member States are to ensure that copyright holders or holders of related rights are able to apply for an injunction against intermediaries (including ISPs) whose services are used by a third party to infringe their rights that a specific blocking… [read post]
5 Mar 2014, 10:05 am
GmbH v. [read post]
5 Mar 2014, 8:56 am
Unsealed Court Documents Show Pradaxa Information Withheld from FDA Unsealed court documents in a Pradaxa injury case show that the manufacturer, Boehringer Ingelheim GmbH did not disclose a data analysis to US regulators, which indicated that their blood thinner, which was touted as safer than their leading competitor warfarin, may have caused more fatal bleeding after it […] [read post]
1 Mar 2014, 3:37 pm
McIntyre Machinery, Ltd v Nicastro131 S.Ct. 2780 (2011), Football Dataco Ltd. v Sportradar GmbH, Case C‑173/11, 18 October, 2012. [read post]
27 Feb 2014, 10:21 pm
This series of posts discusses the judgement.Facts:Two individuals of a business family (Appellants Nos. 2 & 3) entered into a joint venture arrangement with Enercon GmbH (hereafter “Enercon”) and set up Enercon (India) Ltd. [read post]
27 Feb 2014, 7:11 pm
Sept. 12, 2012), Starhome appealed.Starhome GMBH at *2. [read post]
25 Feb 2014, 2:49 pm
The German Schering AG was Berlex, Inc. in North America while Schering-Plough was Essex Pharma GmbH in Germany, Austria and Switzerland. [read post]
21 Feb 2014, 2:16 am
Day 1 focusses on "Generating and protecting the value of your creative ideas - the basics of intellectual property and beyond" and speakers include Gary Townley, Business Outreach Manager, IPO, Matthew Lumb, Chief Operating Officer, Tangle Teezeron and Claire Lyons, Corporate Counsel EMEA, OtterBox all on "Generating value from your creative ideas (a seminar for SMEs)", John Hodge, Head of Internet Investigations, BPI and Eddy Leviten, Director of… [read post]
20 Feb 2014, 6:54 am
This conclusion – which looks to us to make new law – draws on comments made by the Advocate General in Case C‑119/10 Frisdranken Industrie Winters BV v Red Bull GmbH (see para 56) and perhaps on the principles enunciated in transit cases (such as Joined Cases C‑446/09 and C‑495/09), even though this case had nothing to with goods in transit through the EU.Not if there is a risk that the cigerettz will be put on the market in the EU even thoughthey are… [read post]
17 Feb 2014, 8:52 am
Its manufacturer, Red Bull GmbH, has registered the RED BULL mark has registered those words and their accompanying logo as word and device marks in trade mark registries around the world including the Benelux Office for Intellectual [read post]
13 Feb 2014, 6:00 am
District Court Judge David Herndon from the Southern District of Illinois imposed close to $1 million in punitive damages on defendants Boehringer Ingelheim International GMBH (“BII”) and Boehringer Ingelheim Pharmaceuticals, Inc. [read post]
11 Feb 2014, 5:59 am
Primavera Life GmbH, Appeal No. 14-1255 (Opposition No. 91196106, September 11, 2013) [The Board sustained this opposition to registration of PRIMERA for "Cosmetics and cosmetic preparations; nonmedicated nourishing creams for skin; skin milk lotions; facial creams; cosmetic creams; toilet waters; make-up preparations; non-medicated skin care preparations; foundation cream; shampoos; beauty masks; make-up powder," finding the mark likely to cause confusion with the registered mark PRIMAVERA… [read post]
10 Feb 2014, 2:54 pm
Case citation: Del Monte International GMBH v. [read post]