High Court holds eBay not liable for trade mark infringement by its users *

United Kingdom - August 1 2009
L’Oréal S.A. & Others v eBay International AG, eBay Europe S.A.R.L, eBay (UK) Ltd & Others, [2009] EWHC 1094 (Ch), was one of a number of test cases brought by L’Oréal in courts around Europe which raised issues regarding the liability of eBay for trade mark infringements committed by its users and whether eBay itself committed infringement by using trade marks in relation to infringing goods.

Co-authors: Katharine Stephens.

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Reported TM cases *

European Union - June 30 2009
The ECJ dismissed the appeal by Waterford Wedgewood against the CFI’s decision that that there was no likelihood of confusion under Article 8(1)(b) between the marks.

Co-authors: Katharine Stephens, Zoe Fuller.

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Scope of protection of state emblems *

European Union - June 30 2009
The AG recommended that the ECJ set aside the CFI’s judgment in this case in so far as it held that Article 7(1)(h), in conjunction with Article 6ter of the Paris Convention, did not apply to service marks.

Co-authors: Katharine Stephens, Zoe Fuller.

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Decisions of the High Court *

United Kingdom - June 30 2009
Geoffrey Hobbs QC (sitting as a Deputy High Court Judge) dismissed Daimler’s application for summary judgment in an action for trade mark infringement and passing off.

Co-authors: Katharine Stephens, Zoe Fuller.

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Personal names *

European Union - June 30 2009
Elio Fiorucci was a fashion designer who achieved certain renown in the 1970s in Italy.

Co-authors: Katharine Stephens, Zoe Fuller.

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