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Bundesgerichtshof on Community trade marks: no infringement through unauthorised use as company name
- Bird & Bird
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- European Union, Germany
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- May 16 2008
In the “Céline” decision (judgment of 11 September 2007, Case C-1706), the European Court of Justice (ECJ) confirmed that third party use of a sign must occur as trade mark genuine use, i.e. use “in relation to goods andor services”, in order to fall under Art. 5 (1) of the Trade Mark Directive (Directive 89104EEC) or Art. 9 (1) of the Community Trade Mark Regulation (CTMR
Distribution of copyright works
- Bird & Bird
- -
- European Union, Germany
- -
- May 29 2008
Cassina, an Italian furniture manufacturer, brought an infringement action against Peek & Cloppenburg (“P&C”), a German clothes retailer, for fitting out a customer rest area in one of its clothing shops with Le Corbusier chairs and displaying a chair in a shop window
New ECJ reference in relation to supplementary protection certificates for medicinal products
- Bird & Bird
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- European Union, Germany, United Kingdom
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- December 20 2007
The latest reference to the ECJ under Council Regulation (EEC) No 179892 concerning the creation of a supplementary protection certificate for medicinal products, which establishes the scheme by which supplementary protection certificates (SPCs) enable de facto patent term extension of up to 5 years to be secured for pharmaceuticals, concerns the time limit for filing an application for such an SPC
Late filing of evidence in support of a CTM opposition
- Bird & Bird
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- European Union, Germany, Portugal
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- February 21 2008
The German company K & L Ruppert Stiftung & Co. Handels-KG (“Ruppert”) lodged an opposition against the registration by three Portuguese individuals of the figurative mark CORPO LIVRE
