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General reasoning for a series of goods and services

Bird & Bird
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European Union
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May 31 2009

The CFI annulled two decisions of the BoA on the basis that the BoA failed to give adequate statements of reasons for those decisions

Construction of the term ‘reputation in the Community’

Bird & Bird
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Austria, European Union
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May 31 2009

Pago owned a complex CTM for fruit drinks and fruit juices

Breach of licence agreement and free movement of goods

Bird & Bird
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European Union
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May 31 2009

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

Late filing of evidence in support of a CTM opposition

Bird & Bird
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European Union
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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

Copyright

Bird & Bird
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Austria, European Union
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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

Reported trade mark cases

Bird & Bird
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European Union
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May 31 2009

The ECJ upheld the CFI’s finding that the mark was devoid of any distinctive character (Article 7(1)(b)) and was descriptive of the relevant goods and services (Article 7(1)(c

Reported TM cases

Bird & Bird
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European Union
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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
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European Union
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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

Personal names

Bird & Bird
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European Union
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June 30 2009

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

Decisions of the High Court

Bird & Bird
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United Kingdom
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June 30 2009

Geoffrey Hobbs QC (sitting as a Deputy High Court Judge) dismissed Daimler’s application for summary judgment in an action for trade mark infringement and passing off