EU Court of Justice: genuine use of CTMs – where? *

European Union - December 20 2012
Yesterday, the Court of Justice of the European Union ("CJEU") handed down its long-anticipated judgment in the ONEL/OMEL case (Case C‑2149/1, 19 December 2012 between the Dutch companies Leno Merken B.V. and Hagelkruis Beheer B.V.

Co-authors: Vincent Wellens, Fleur Folmer, Philippe Péters.

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European cross-border injunctions revisited. Court of Justice goes Dutch *

European Union, Netherlands - July 18 2012
On July 12, 2012 the Court of Justice of the European Union ("CoJ") rendered its judgment in the Solvay/Honeywell-case (C-616/10).

Co-authors: Anne Marie Verschuur, John Allen.

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Clarification on various legal concepts in the Community Design regulation in the first ECJ decision on community design rights: the promer-PepsiCo "pogs" case *

European Union - January 20 2012
The CD Regulation provides that a design will be protected as a Community Design to the extent that it is "new" and has "individual character".

Co-authors: Fleur Folmer, Philippe Péters.

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CJEU to decide on essential value of 3D marks *

European Union - January 13 2012
One of the still unresolved questions of trade mark law is under what circumstances a shape mark is not eligible for protection because it consists of a shape that gives substantial value to the products for which protection is sought.

Co-authors: Anne Marie Verschuur.

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"Yes you can: the mere filling of packagings bearing infringing marks does not qualify as trade mark use" *

European Union, Netherlands - December 22 2011
This last Newsflash of 2011 deals with drinks and relates to the decision of the Court of Justice of the European Union on the filling of packaging bearing infringing marks.

Co-authors: Farihan Keramati, Philippe Péters.

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