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11 Dec 2017, 12:11 am
A few days ago the Court of Justice of the European Union (CJEU) issued the much-awaited decision Coty Germany GmbH v Parfümerie Akzente GmbH, C-230/16. [read post]
23 Jan 2019, 8:33 pm
This case, Pierre Fabre Dermo-Cosmétique SAS v Président de l’Autorité de la concurrence and Ministre de l’Économie, de l’Industrie et de l’Emploi, Case C-439/09, involved certain cosmetics and hygiene products, manufactured by Pierre Fabre Dermo-Cosmetique and sold mainly through pharmacists. [read post]
8 Sep 2020, 9:30 am
[2] Rogers Communications Inc c Voltage Pictures, LLC, 2018 CSC 38, au para 18. [read post]
3 Jun 2022, 8:34 am
Joined cases Louboutin/Amazon, C-148/21 and C-184/21 are referrals for a preliminary ruling made in the context of highly similar proceedings pending before, respectively, Luxembourg’s Tribunal d’arrondissement (C-148/21) and Belgium’s Tribunal de l’entreprise francophone de Bruxelles (C-184/21).Yesterday, Advocate General (AG) Szpunar issued his Opinion [not yet available in English] in which he advised the CJEU to rule… [read post]
12 Jul 2011, 2:59 am
KATNOTE: IF YOU NEED TO CHECK THE FACTS THAT TRIGGERED THIS PIECE OF LITIGATION, THE QUESTIONS REFERRED FOR A PRELIMINARY RULING BY THE COURT OF JUSTICE OF THE EUROPEAN UNION AND THE ADVOCATE GENERAL'S OPINION, READ L’Oréal v eBay I: background to this morning's ruling BEFORE YOU READ THIS POST The ruling in Case C? [read post]
2 Jun 2020, 12:39 am
Conversely, to the recent case Coty v. [read post]
4 Dec 2019, 1:11 pm
Last week, Advocate General (AG) Campos Sánchez-Bordona delivered an important Opinion in Coty Germany v Amazon, C-567/18 [not yet available in English]. [read post]
10 Sep 2019, 3:10 pm
To arrive at this conclusion the Court had to drastically limit the scope of the relevant section in Coty (see AMS Neve, [44]) and to extend the substantive criterion of ‘targeting’ established in L’Oréal (which the Court has since relied on in numerous contexts, typically involving internet activities: see Case C-191/15 VKI, [43], [75]–[77]) to the question of international jurisdiction, at least as far as the Trademark Regulation is… [read post]
20 Nov 2012, 6:57 am
AG opinions, Court judgments and orders, though, do usually indicate which Member States have intervened or filed observations, although they rarely reveal what they have each said.While preparing earlier this year for a paper for the ECTA Conference in Palermo I ran through the CURIA list of reference cases indicated to have trade mark relevance and extracted the data for the table below: Case Document Date Name of parties Observations and/or hearing attendances … [read post]
5 Sep 2019, 6:36 am
This was the question at the heart of the referral in AMS Neve, C-172/18, which the Court of Justice of the European Union (CJEU) decided today. [read post]
12 Jul 2011, 2:58 am
324/09 L’Oréal SA, Lancôme parfums et beauté & Cie, Laboratoire Garnier & Cie, L’Oréal (UK) Limited v eBay International AG, eBay Europe SARL and eBay (UK) Limited. [read post]
8 May 2021, 5:08 am
C. [read post]
29 Dec 2022, 8:20 am
In contrast to the case of L’Oréal v. eBay (C-324/09) and the aforementioned Coty case, the CJEU was asked about the fact that the online sales website in question included sales both from the site’s owner and the online marketplace. [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… [read post]
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… [read post]
19 Oct 2018, 1:04 am
These were the issues at the centre of Bastei Lübbe, C-149/17, a reference for a preliminary ruling from Germany.BackgroundThe referral was made in the context of litigation between Bastei Lübbe, a German phonogram producer, and Michael Strotzer, the owner of an internet connection through which an infringement was committed in 2010. [read post]
23 Sep 2023, 3:43 am
The question was: (a) whether Fruugo could be directly liable for the infringement pursuant to Article 9(2) of the EU Trade Mark Regulation 2017/0001 (EUTMR), and the equivalent provisions of Dutch/Benelux law; and (b) whether Fruugo could benefit from the exemption for hosting providers under Article 14(1) of the Ecommerce Directive 2000/31/EC (ECD).Direct liability for FruugoIn respect of whether Fruugo could be liable for the purposes of Article 9(2) EUTMR, the Court’s analysis mainly… [read post]
9 Dec 2010, 3:37 am
Today in Case C? [read post]
6 Jun 2018, 5:17 am
This provision is in line with what also Article 3 of the Enforcement Directive mandates.In this sense, the question that arises – and has actually arisen – is whether it is compatible with EU law to provide that the owner of an internet connection, through which copyright infringements have been committed, may escape liability thereof by indicating, without the need to provide any further details, a family member that has also had access to such connection.In a nutshell, this is the… [read post]
31 Mar 2024, 3:59 am
Intitulé : Verrier c. [read post]
