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The ECJ answers questions on small but perfectly formed trade mark use

Wragge & Co LLP
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European Union, Germany
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March 1 2007

The ECJ delivered its responses to questions posed by the German court, in the Adam Opel trade mark case against Autec

Trade mark infringements by metatags

Wragge & Co LLP
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Germany
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April 23 2007

The German Federal Supreme Court has recently decided that the use of trade names as a metatag infringes the owner’s rights

FRAND licensing terms - German court refuses to grant an injunction to the owner of "essential" patents where the licence offered did not comply with antitrust law

Bird & Bird
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Germany
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April 30 2007

In a landmark decision on 13 February 2007 in an action conducted by Bird & Bird's German office, the Regional Court of Düsseldorf, Germany's leading court in patent infringement matters, rejected four claims of patent infringement relating to patents declared to the European Telecommunications Standardisation Institute ("ETSI") as being "Essential" patents for the implementation of the GSM telecommunication standard on the ground that the patentee did not offer the defendant a licence on fair, reasonable and non-discriminatory ("FRAND") terms

Likelihood of confusion German Federal Court of Justice applies the “Thomson life” ratio on word-device marks

Bird & Bird
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Germany
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April 26 2007

In the “Thomson life” decision (of 6 October 2005 C-12004) the ECJ held that there may be a likelihood of confusion where the contested mark is a composite consisting of an earlier registered trade mark together with the company name of another party where the earlier registered trade mark does not dominate the overall impression but still has an independent distinctive role within the composite mark

Second basket of German copyright reform closes loophole on file-sharing, frees treasures from studios’ archives

McDermott Will & Emery
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Germany
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February 13 2008

In July 2007, the Lower House of German Federal Parliament (Bundestag) passed a long-awaited bill to amend the German Copyright Act

Transit of goods no patent infringement in Germany

Wragge & Co LLP
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Germany
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May 31 2007

Can the proprietor of a patent prohibit the mere transit of goods placed under the external transit procedure, coming from and going to countries where the patent is not so protected?

Regional Appeal Court refuses to apply copyright levies to computer printers

Bird & Bird
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Germany
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June 4 2007

The Regional Appeal Court of Düsseldorf has decided that computer printers cannot be subject to copyright levies under German Law

Online intermediaries may have an obligation to monitor content posted by users

Bird & Bird
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Germany
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June 4 2007

Despite heavy criticism from some quarters, the German Federal Supreme Court has reaffirmed its decision from an earlier case that an online intermediary can be obliged under German law to monitor content posted on its platform by users for violation of third party rights

Does requesting and receiving approval for a pharmaceutical create a threat of patent infringement? A German perspective

Bird & Bird
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Germany
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February 28 2008

Under German law, neither the application for a marketing approval nor obtaining it constitutes a ‘use’ act under Section 9 German Patent Act

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

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The ECJ answers questions on small but perfectly formed trade mark use

Trade mark infringements by metatags

FRAND licensing terms - German court refuses to grant an injunction to the owner of "essential" patents where the licence offered did not comply with antitrust law

Likelihood of confusion German Federal Court of Justice applies the “Thomson life” ratio on word-device marks

Second basket of German copyright reform closes loophole on file-sharing, frees treasures from studios’ archives

Transit of goods no patent infringement in Germany

Regional Appeal Court refuses to apply copyright levies to computer printers

Online intermediaries may have an obligation to monitor content posted by users

Does requesting and receiving approval for a pharmaceutical create a threat of patent infringement? A German perspective

Late filing of evidence in support of a CTM opposition

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