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Personal names

  • Bird & Bird
  • -
  • European Union
  • -
  • June 30 2009

Elio Fiorucci was a fashion designer who achieved certain renown in the 1970s in Italy

Liability of internet service providers

  • Bird & Bird
  • -
  • European Union, United Kingdom
  • -
  • June 30 2009

In this “AdWords” case, Arnold J decided to refer questions to the ECJ

Restitutio in integrum: time-limits

  • Bird & Bird
  • -
  • European Union
  • -
  • June 30 2009

On 24 August 2004, Aurelia Finance SA (the “Applicant”) was granted a CTM for the word mark AURELIA for various services in Class 36

Protected designation of originprotected geographical indication

  • Bird & Bird
  • -
  • European Union
  • -
  • June 30 2009

The region of Emilia-Romagna in Italy imposed a penalty on Cavazzuti SpA, now Grandi Salumifici Italiani SpA (“GSI”), for using the name SALAME TIPO FELINO (in English, ‘Felino-type Salami’) on the label of its salami sausage in a way that was misleading to customers, thus infringing Article 2 of Directive 200013 relating to labelling, presentation and advertising of foodstuffs (as transposed into national law in Italy

Reported TM cases

  • Bird & Bird
  • -
  • 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

Scope of protection of state emblems

  • Bird & Bird
  • -
  • 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

Copyright

  • Bird & Bird
  • -
  • Austria, European Union
  • -
  • May 31 2009

The reference was made in proceedings between Falco Privatstiftung (“F”) a foundation established in Vienna and Mr Rabitsch (“R”) residing in Vienna and Ms Weller-Lindhorst (“ML”) domiciled in Munich

Construction of the term ‘reputation in the Community’

  • Bird & Bird
  • -
  • Austria, European Union
  • -
  • May 31 2009

Pago owned a complex CTM for fruit drinks and fruit juices

Late filing of evidence in support of a CTM opposition

  • Bird & Bird
  • -
  • European Union
  • -
  • May 31 2009

K & L Ruppert Stiftung & Co. Handels-KG (“Ruppert”) lodged an opposition against the registration of a figurative mark by three Portuguese individuals under Article 8(1)(b) based on earlier German and international marks

Breach of licence agreement and free movement of goods

  • Bird & Bird
  • -
  • European Union
  • -
  • May 31 2009

The ECJ has given guidance on Articles 7 and 8(2) of the Directive