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Federal Court of Justice: scope of neighbouring rights in databases

Reed Smith LLP
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Germany
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September 25 2009

The German Federal Court of Justice decided in its ruling of April 30, 2009, that the creator of a database can forbid third parties from detecting database modifications by means of data synchronization and from using them for a competitive product (file no. I ZR 19105

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

Federal Court of Justice: quotation of prices on the Internet

Reed Smith LLP
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Germany
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September 25 2009

The German Federal Court of Justice, in its decision of July 16, 2009 (I ZR 14007), commented on the question of whether a distant seller who is promoting his goods by means of a comparison shopping site (price comparison list) on the Internet has to indicate the shipping costs

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

LEGO brick as a 3D trademark cancelled

Reed Smith LLP
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Germany
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September 25 2009

On July 16, 2009, the German Federal Court of Justice ruled that the LEGO brick, with its characteristic burling arrangement on the upper side, is not capable of protection as a three-dimensional trademark for gaming bricks

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

Three-dimensional trademarks

Reed Smith LLP
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Germany
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June 22 2009

On May 2, 2009, the European Court of First Instance had to decide on the registrability of three-dimensional trademarks in two cases

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

Federal Court of Justice: descriptive use of the term DAX as a reference is permitted

Reed Smith LLP
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Germany
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June 22 2009

On April 30, 2009, the German Federal Court of Justice ruled that Deutsche Börse AG, the operator of the Frankfurt Stock Exchange, cannot forbid banks to use the term "DAX"