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Results: 1-10 of 31

Court of Justice of the European Union provides ruling on keyword jurisdiction

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2012

The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment

Top jeans brand 7 For All Mankind could lose right to branded accessories over distinctiveness of “seven”

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • 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”

CJEU rules on copyright protection of photographic portraits

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • 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

Is a trade mark infringed by failure to identify the repackager of a parallel import?

  • McDermott Will & Emery
  • -
  • Denmark, European Union
  • -
  • 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
  • -
  • European Union
  • -
  • 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

Registrability of marks containing geographical indications of origin

  • McDermott Will & Emery
  • -
  • European Union, Finland
  • -
  • November 3 2011

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication

EU enhances copyright protection for sound recordings and songs

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted

Article 29 Working Party opinion on applicable law: clarifying the scope of application of the Data Protection Directive

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 28 2011

The Article 29 Working Partythe European advisory body on data protection and privacyhas adopted an Opinion on applicable law (WP 179) aimed at clarifying the scope of application of the Data Protection Directive (9546EC

Territorial exclusivity of football broadcasts found contrary to EU law

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

The Court of Justice of the European Union (CJEU) has ruled in Football Association Premier League Ltd v QC Leisure C- 40308 and Karen Murphy v Media Protection Services Ltd C- 42908 (4 October 2011) that a system of licences for the broadcasting of sporting events which grants licensees territorial exclusivity on a Member State basis, and which prohibits television viewers from watching the broadcasts in one Member State using a decoder licensed for use in another, is contrary to EU law

Further CJEU guidance on keyword advertising and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement