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New case law by the European Court of Justice regarding reputation in the Community and exhaustion of trademark rights

Reed Smith LLP
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European Union, Netherlands
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January 27 2010

In a decision of October 6, 2009 (file no. C-30107), the European Court of Justice had to decide on the interpretation of Article 9 (1)c of the Community Trademark Regulation

Likelihood of confusion

Reed Smith LLP
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European Union, Spain
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September 25 2009

The decision of June 3, 2009 (C-39408 P) concerned the likelihood of confusion between the word sign ZIPCAR for which registration was sought for goods and services in, inter alia, class 39, in particular for travel and transportation services, transportation reservation services, and vehicle rental, and the trademark CICAR, registered in Spain for vehicle rental reservation services

Relevant point in time for the distinctive character acquired through use

Reed Smith LLP
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European Union
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September 25 2009

On the same day, the court issued a further ruling (C-54207 P), where it commented on the requirements of the distinctive character acquired through use

First decision of the European Court of Justice concerning the interpretation of the Community Design Regulation

Reed Smith LLP
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European Union, Spain
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September 25 2009

On July 2, 2009 (Case C-3208) the European Court of Justice had the opportunity for the first time to take a position on the interpretation of the Community Design Regulation (CDR) in a matter referred to it by a Spanish Court

Decision by the European Court of Justice concerning electronic press reviews in accordance with the Directive on Copyright in the Information Society

Reed Smith LLP
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Denmark, European Union
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September 25 2009

In a referral decision concerning a referral by a Danish court, the European Court of Justice decided on the admissibility of the creation of electronic press reviews in light of Art. 2 and 5 of Directive 200129EC Concerning Copyright in the Information Society on July 16, 2009

Criteria relevant to determining whether an applicant is ‘acting in bad faith’

Reed Smith LLP
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European Union
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September 25 2009

In a further decision dated June 11, 2009 (C-52907), the court had to review the criteria relevant to determining whether an applicant is 'acting in bad faith' when filing an application for a Community trademark

State emblems as trademarks

Reed Smith LLP
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European Union
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September 25 2009

In its decision of July 16, 2009 (C-20208 and C-20808), the European Court of Justice had to determine in which cases signs that are identical or similar to a state emblem are capable of being registered as trademarks, according to Article 7(1)(h) of the Community Trademark Regulation (CTMR) in conjunction with Article 6ter (1)(a) of the Paris Convention for the Protection of Industrial Property (PC

Scope of protection of well-known trademarks according to the Community Trademark Regulation

Reed Smith LLP
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European Union
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June 22 2009

On March 12, 2009, the European Court of Justice decided a case concerning the scope of protection of well-known trademarks according to Article 8(5) of the Community Trademark Regulation

Consequences of a breach of a trademark license agreement

Reed Smith LLP
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European Union, France
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June 22 2009

In the judgment of the European Court of Justice dated April 23, 2009 (C-5908), the following facts were at issue: Christian Dior Couture SA concluded a trademark license agreement with Société Industrielle Lingerie (SIL) in respect of the manufacture and distribution of luxury corsetry goods bearing the Christian Dior trademark, which is owned by Dior

Recent case law of the European Court of Justice and the European Court of First Instance in trademark matters

Reed Smith LLP
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European Union
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April 20 2009

The Court of First Instance of the European Communities recently had to look at whether the word mark "FUN" for automobiles is sufficiently distinctive to be protectable