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21 Oct 2016, 12:15 am
In this case, the act complained of was an offer for sale in England, on the principles laid down in L’Oreal v eBay, i.e. the defendant’s website was not merely accessible from the UK but was in fact targeted at (among others) English customers.The allegedly infringing product on Heritage Audio's sitePassing-offFor passing-off, the judge noted that the CJEU had applied the Brussels I rules not only to trade mark and copyright infringement claims but also to claims based on German… [read post]
13 Aug 2019, 1:21 am by Jani Ihalainen
Luckily (or unluckily) the CJEU has finally handed down its judgment very recently.As a short primer, the case of Pelham GmbH v Ralf Hütter and Florian Schneider‑Esleben concerned the song "Metall auf Metall" created by the band Kraftwerk, which comprises of the respondents Hütter and Schneider‑Esleben. [read post]
6 Feb 2013, 12:00 am
Bodenseewerk Perkin-Elmer GmbH, 386 F.3d 1133, 1138 (Fed. [read post]
20 Jan 2024, 1:59 am by Eleonora Rosati
In doing so, it upheld the decision of the EUIPO examiner who had refused the shape mark application for some of the goods on the basis that the mark lacked sufficient distinctiveness.Let's take a closer look at the proceedings.Application for 3D markIn 2023, German company Winch Industry GmbH filed an application for a 3D trade mark for various goods in Class 22. [read post]
7 May 2014, 2:25 am
Meanwhile, the courts continue to go about their daily tasks, as Valentina explains ...A few weeks ago, a fascinating case (Case T-623/11, Pico Food GmbH v OHIM, Bogumił Sobieraj intervening) came before the General Court, which took the opportunity to ruminate over snack food, mainly sweets, cows --  and the coverage and scope of protection of black and white marks.A Polish entrepreneur, Bogumil Sobieraj, filed a Community trade mark (CTM) application for the figurative mark… [read post]
30 Dec 2013, 4:26 am
Indeed, Speciality European Pharma Ltd v Doncaster Pharmaceuticals Group Ltd & Madaus GmbH [2013] EWHC 3624 (Ch) is a 20 November decision of Mrs Justice Asplin in the Chancery Division (High Court, England and Wales) which would have been posted here ages ago if the IPKat had fewer interesting cases to write about and more time in which to write about them.Specialty -- the claimant in these proceedings -- specialised in the distribution and sale of pharmaceutical products,… [read post]
30 Apr 2020, 3:30 am
“Euro-Star” Reitmoden GmbH & Co., 34 USPQ2d 1266, 1271 (TTAB 1994)); TBMP § 309.03(d).Respondent's Use: The Board found, based on respondent's discovery responses and statements in its brief, that respondent uses its mark only for two-way radio communication devices. [read post]
6 Feb 2013, 12:00 am
Bodenseewerk Perkin-Elmer GmbH stating, “We have held that ‘a claim interpretation that excludes a preferred embodiment from the scope of the claim is rarely, if ever, correct. [read post]
29 Nov 2016, 2:44 am
 Upon discovery of these and various other related cup designs George East again objected and ultimately issued proceedings for passing off in the Intellectual Property Enterprise Court (IPEC) in London: George East Housewares Ltd v Fackelmann Gmbh & Co KG & Anor [2016] EWHC 2476.The get-up - interiorIn a passing off case, there are three issues which the court needs to determine (the so-called classic Trinity):1 Does the claimant have goodwill (and if so in what e.g. the… [read post]
6 Apr 2015, 2:37 pm
  This was not to be.Plaintiff Debra Johnson was one of fifty-two plaintiffs born in the late 1950’s or early 1960’s who filed state-court Thalidomide suits in Philadelphia against GlaxoSmithKline and certain of its affiliates (“GSK”), along with Sanofi-Aventis and/or Grunenthal GmbH. [read post]
13 Aug 2019, 1:21 am by Jani Ihalainen
Luckily (or unluckily) the CJEU has finally handed down its judgment very recently.As a short primer, the case of Pelham GmbH v Ralf Hütter and Florian Schneider‑Esleben concerned the song "Metall auf Metall" created by the band Kraftwerk, which comprises of the respondents Hütter and Schneider‑Esleben. [read post]
17 Oct 2016, 12:43 pm by Lawrence B. Ebert
., GmbH v.Guidewire Software, Inc., 728 F.3d 1336, 1345 (Fed. [read post]
14 Mar 2023, 9:11 am by Marcel Pemsel
Background The plaintiff, Sprick GmbH, produces packing-paper dispensers. [read post]
15 Jun 2015, 7:13 am
******************PREVIOUSLY, ON NEVER TOO LATE Never too late 49 [week ending on Sunday 31 May] - Another copyright-exhaustion-and-software reference to the CJEU | ORO trade marks and GC | Patent Reform in EU | Copyright in the Bahamas | More and more references to the CJEU: communication to the public and linking | Trade secrets and the FoMo phenomenon | Independence of EPO’s BoA.Never too late 48 [week ending on Sunday 31 May] - The… [read post]
27 Aug 2019, 1:30 am by Jani Ihalainen
Following an Advocate General's opinion in January this year, the CJEU were now tasked with clarifying this issue, and handed down their decision not too long ago.As a very brief primer, the case of Funke Medien NRW GmbH v Bundesrepublik Deutschland concerned the publication of confidential military reports by Funken online by the daily newspaper Westdeutsche Allgemeine Zeitung (having obtained them through unknown means). [read post]
1 Jun 2015, 3:33 pm
NOVAL draws a Blanc in Battle of the BlacksJeremy explains Case T 420/14 Wine in Black GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), Quinta do Noval-Vinhos, SA, a 21 May decision of the General Court of the European Union in a fascinating exercise in comparison of marks for identical goods.* IP aspects of busking (aka the street performer hoping for donations)After recently leaving an energetic local busker a suitable donation for his… [read post]
3 Dec 2020, 3:41 am
In re tapio GmbH, Serial No. 87941532 (November 23, 2020) [precedential] (Opinion by Judge Melanye K. [read post]