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12 May 2015, 1:53 am
…"White & MacKay appealed, arguing that the hearing officer had not applied the principle of Case C-120/04 Medion AG v Thomson multimedia Sales Germany & Austria GmbH with regard to whether the earlier mark had an independent significant role in the later applicant's mark; that he had failed to establish the proper level of distinctive character of the respective marks; that he had failed to compare them properly and that he had wrongly assessed the likelihood… [read post]
22 Dec 2014, 7:53 am
A new leading caseThe German company Denso Holding GmbH and its Spanish subsidiary Denso Quimica brought infringement actions against their former partner and distributor Productos Denso Pla Y Cia. [read post]
21 Sep 2016, 1:23 am
This matter has been litigated in the European courts for some time now, and after an Advocate General's opinion early this year (discussed more here), many IP specialists have been waiting for the decision in McFadden; something the CJEU finally handed down late last week.The case of Tobias Mc Fadden v Sony Music Entertainment Germany GmbH dealt with the provision of an unprotected wireless network connection by Mr Mc Fadden at his business selling and leasing lighting… [read post]
16 Oct 2022, 9:24 am
The Court also recalled that distinctiveness needs to be evaluated not in abstract terms, but rather having regard to the average consumers of the concerned goods/services (and in this case the EUIPO had failed to identify them properly).BackgroundIn 2019, Magnetec GmbH (the applicant) sought to register the above colour mark as an EUTM.The application concerned goods in Classes 6 (Alloys; non-ferrous metal alloys; alloys in the form of rings for sheathing motor cables; common metal… [read post]
29 Jun 2015, 9:36 am
| 3-D Lego trade mark | Garcia v Google | B+ subgroup | EU trade mark reform and counterfeits in transit | French v Battistelli | US v Canada over piracy | UK Supreme Court in Starbucks | BASCA v The Secretary of State for Business | Patent litigation, music, politics | Product placement in Japan.Never too late 50 [week ending on Sunday 7 June] - Swiss claims | Italian-sounding trade marks for cosmetics | “IP litigation and Enforcement” event | Saving… [read post]
22 Nov 2022, 7:23 am
("MHI"), which is part of the Mitsubishi GroupRobert Bosch GmbH ("Bosch")Siemens AGSun Patent TrustIt's not hard to imagine that those entities hold relevant patents. [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]
30 Jul 2020, 2:42 pm
Bohler-Edelstahl GmbH & Co. [read post]
7 Aug 2019, 11:30 am
In Case C-432/18 Consorzio Tutela Aceto Balsamico di Modena v Balema GmbH, Advocate General Hogan has advised the Court of Justice to rule that the terms "Aceto", "Balsamico" and "Aceto Balsamico" should not qualify for protection as Protected Geographical Indications (PGIs) under Regulation No. 1151/2012. [read post]
6 May 2013, 9:43 pm
Enercon GmBH has had almost 14 patents revoked by the IPAB and another 9 are pending challenge. [read post]
9 Sep 2013, 5:40 am
Surtec International GmbH v A-Tech Chemicals UK Ltd, a Chancery Division, England and Wales, decision of Mr Justice Sales last week, is (like most extempore rulings) not available on BAILII and, given that the judge is not a regular member of the jurisdiction's IP judicial squad, it's quite likely to get overlooked entirely -- but this Kat thought it was of enough interest to discuss here since it deals with the sort of everyday humdrum episode that occurs in IP litigation. [read post]
9 Dec 2021, 12:12 pm
The judges did indeed believe that the AC Milan brand, due to the phonetic assonance, could create confusion and ultimately harm the German company.BackgroundInterES Handels-und Dienstleistungs Gesellschaft GmbH & Co KG, a German company very active in the office supply industry, began its battle for protecting its brand back in 2017, when AC Milan filed an international registration designating the European Union before the European Union Intellectual Property Office (EUIPO). [read post]
7 Sep 2021, 3:31 am
Schiedmayer Celesta GmbH, 2021 USPQ2d 913 (Fed. [read post]
20 Aug 2015, 3:56 am
Jack Wolfskin Ausrustung fur Draussen GmbH & Co. [read post]
3 Oct 2016, 8:08 am
GmbH, 37 USPQ2d 1332, 1333-34 (TTAB 1995) the Board identified several "factors" that may lead to pertinent evidence regarding that question.Applicant's specimens of use (a press release and a screenshot from its website) referred to Michael Barr as a a leading expert in embedded systems and co-founder and Chief Technology Office of BARR GROUP, and it allowed website visitors to sign up for newsletters from Mr. [read post]
10 Nov 2021, 2:30 pm
UCB Pharma GmBH, 913 F.3d 1076, 1084 (Fed. [read post]
5 May 2020, 5:29 am
Jack Wolfskin Ausrustung Fur Draussen GmbH & Co. [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]
24 Oct 2022, 4:28 pm
Scrutinizer GmbH, 905 F.3d 1, 9 (1st Cir. 2018). [read post]
13 Aug 2019, 2:03 am
Laboklin GMBH & Co., the Federal Circuit upheld the district court decision that held claims directed to methods for genotyping a Labrador Retriever invalid under 35 USC § 101 at the JMOL stage. [read post]
