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Results: 1-10 of 82

Advocate General considers territorial broadcasting restrictions incompatible with European law

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • March 2 2011

Football Association Premier League Ltd and Others v QC Leisure and Others concerns the legality of the use of satellite decoders purchased outside the United Kingdom to show Premier League football matches in public houses in the United Kingdom

Beifa Group Co Ltd v The Office of Harmonization for the Internal Market: opposing trade mark rights and genuine use

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • June 30 2010

On 27 May 2005, Beifa filed an application to register as a Community design the following design in relation to "instruments of writing"

Weldebräu v The Office of Harmonization for the Internal Market T-2408 2010

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • June 3 2010

The General Court of the European Union has upheld an appeal from the Fourth Board of Appeal of The Office of Harmonization for the Internal Market (OHIM), rejecting an opposition to an application to register the three-dimensional shape of a bottle as a Community trade mark (CTM), based on an earlier Community registration for a bottle shape in respect of identical and similar goods

Novelty: overall impression

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2010

In its first ruling on the Community registered design, Grupo Promer Mon Graphic SA v The Office of Harmonization for the Internal Market T-907 18 March 2010 (unreported), the General Court of the European Union has overturned the Third Board of Appeal's decision that a design registered by Pepsico Inc for "promotional items for games" produced a different overall impression to an earlier design registered by a Spanish company, Grupo Promer Mon Graphic SA

Divergences in industrial applicability between the United Kingdom and the European Patent Office

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • April 30 2010

Rejecting an appeal by Human Genome Sciences Inc (HGS), the Court of Appeal of England and Wales in Eli Lilly and Co v Human Genome Sciences Inc 2010 EWCA Civ 33 upheld the finding that HGS' patent (as amended) was invalid for lack of industrial applicability

Keywords, sponsored links and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2010

AdWords enables advertisements (sponsored links) to be displayed, in return for payment, alongside natural search results that appear in response to keywords

Descriptiveness: specific characteristics of the market

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2010

In O2 (Germany) GmbH & Co OHG v The Office of Harmonization for the Internal Market T-34407 10 February 2010 (unreported), the General Court of the European Union annulled a Board of Appeal decision that had ruled that O2's Community trade mark application for HOMEZONE in respect of various goods and services, including telecommunication services, should be refused registration on the absolute grounds of refusal set out in Article 7(1)(b) and (c) and Article 7(2) of the Community Trade Mark Regulation (4094EC

Google AdWords striking a trademark balance

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 28 2010

The eagerly awaited decision of the European Court of Justice (ECJ) found that Google's AdWords system, which uses trademarks in its search engine, does not infringe EU trademark rights

Assessing similarity of single word and composite word marks

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 31 2010

In Enercon GmbH v OHIM T-47207 the General Court (formerly the Court of First Instance) confirmed the decision of the Board of Appeal of The Office of Harmonization for the Internal Market (OHIM), upholding an opposition based on TRANSFORMERS ENERGON against the registration of the sign ENERCON

Likelihood of confusion: coexistence of earlier marks

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 31 2010

In Nokia OYJ v The Office of Harmonization for the Internal Market T-46007, the General Court (formerly the Court of First Instance) held that there exists a likelihood of confusion between the word mark LIFE, registered for goods and services in Classes 9, 38 and 41, and Nokia's word mark LIFE BLOG, applied for in respect of various goods and services in the same Classes