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Is a trade mark infringed by failure to identify the repackager of a parallel import?
- McDermott Will & Emery
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- Denmark, European Union
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- November 29 2011
In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports
General Court upholds OHIM refusal of CTM application for shape of loudspeaker
- McDermott Will & Emery
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- European Union
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- November 29 2011
In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods
Top jeans brand 7 For All Mankind could lose right to branded accessories over distinctiveness of “seven”
- McDermott Will & Emery
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- European Union
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- November 29 2011
In Seven SpA v OHIM T-17610 6 October 2011 (unreported) the General Court annulled decision of the Board of Appeal of the Office of Harmonization for the Internal Market (OHIM) that rejected an opposition against the mark SEVEN FOR ALL MANKIND on the basis that the Board had erred in finding that there was no similarity between that mark and earlier composite marks featuring predominantly the word “seven”
Social networking sites could do more to protect minors’ privacy
- McDermott Will & Emery
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- European Union
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- November 29 2011
On 30 September 2011, the European Commission published a Report on an Assessment of the Implementation of the Safer Social Networking Principles for the EU
Jurisdiction to award damages for online infringement of “personality rights” clarified
- McDermott Will & Emery
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- European Union
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- November 29 2011
The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused
EU patent package receives a mixed reaction
- McDermott Will & Emery
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- European Union
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- February 29 2012
The Legal Affairs Committee of the European Parliament has backed proposals for the new “EU patent package”, consisting of a unitary patent, language regime, and unified patent court
CJEU rules on copyright protection of photographic portraits
- McDermott Will & Emery
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- European Union
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- February 29 2012
In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work
EU privacy: proposal for a new regime
- McDermott Will & Emery
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- European Union
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- February 29 2012
On 25 January 2012, the European Commission published the long-awaited and much-anticipated draft legislation that comprehensively reforms EU data protection law
Registered community designs can infringe earlier registered community designs
- McDermott Will & Emery
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- European Union
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- March 30 2012
The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (62002EC) in its decision in Case C-48810 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL
Advocate general considers jurisdiction for claims of infringement of a national trade mark online
- McDermott Will & Emery
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- European Union
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- March 30 2012
In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark
