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Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
- McDermott Will & Emery
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- European Union
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- January 25 2011
In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported
Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
- McDermott Will & Emery
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- Czech Republic, European Union
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- February 28 2011
The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself
Cross-border sales: tension between copyright distribution rights and free movement rules
- McDermott Will & Emery
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- European Union
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- April 30 2012
Advocate General Jääskinen has concluded that there is a distribution by sale in a Member State if a seller targets consumers and enables the purchase of copyright-protected works in that State
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
The European General Court decides only visible parts determine overall impression
- McDermott Will & Emery
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- European Union
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- November 3 2011
In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character
Court of Justice of the European Union provides ruling on keyword jurisdiction
- McDermott Will & Emery
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- European Union
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- 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
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
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- European Union
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- 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
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
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
Further CJEU guidance on keyword advertising and trade mark infringement
- McDermott Will & Emery
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- European Union, United Kingdom
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- 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
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