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Dutch Supreme Court refers questions to CJEU on "substantial value" and "nature of the goods" in relation to 3D marks
- NautaDutilh
- -
- European Union, Netherlands
- -
- April 18 2013
One of the still unresolved questions of trade mark law is under what circumstances a shape mark is ineligible for protection because it consists of
CJEU decides on “business as usual” after ONE-L of a fight
- EIP
- -
- European Union, Netherlands
- -
- January 25 2013
A test case cooked up by Benelux attorneys called into question one of the central tenets of the CTM system - that use of a CTM in just one member
ONEL of an opinion
- Field Fisher Waterhouse
- -
- European Union, Netherlands
- -
- September 14 2012
On 5 July 2012, Advocate General Sharpston delivered her opinion on Case C-14911 Leno Merken BV v Hagelkruis Beheer BV
Consumer goods: update
- Herbert Smith Freehills LLP
- -
- China, European Union, Indonesia, Netherlands, United Kingdom
- -
- February 29 2012
The Ministry of Commerce People’s Republic of China’s (“MOFCOM”) prohibition of CocaCola’s proposed acquisition of Huiyuan in 2009 generated significant controversy and prompted a fear that the Anti-Monopoly Law could be used to prevent foreign-multinational companies from acquiring well-known Chinese brands and businesses
Supreme Court submits question of 'substantial value' to ECJ
- Brinkhof
- -
- European Union, Netherlands
- -
- February 20 2012
The Dutch Supreme Court recently referred questions to the European Court of Justice for a preliminary ruling on the interpretation of the absolute grounds for refusal of trademark protection for signs which consist exclusively of "the shape which gives substantial value to the goods" under Article 3(1)(e)(iii) of the EU Trademark Directive
"Yes you can: the mere filling of packagings bearing infringing marks does not qualify as trade mark use"
- NautaDutilh
- -
- European Union, Netherlands
- -
- December 22 2011
This last Newsflash of 2011 deals with drinks and relates to the decision of the Court of Justice of the European Union on the filling of packaging bearing infringing marks
ECJ judgement L'Oréal v. eBay: a major step in combating online infringements
- De Brauw Blackstone Westbroek
- -
- European Union, Netherlands
- -
- July 13 2011
On 12 July 2011, the European Court of Justice ("ECJ") handed down its much anticipated decision in L'Oréal v. eBay
Dutch courts apply ECJ Google ruling on keywords
- NautaDutilh
- -
- European Union, Netherlands
- -
- March 22 2011
ECJ rules on use of trade marks in keyword advertisingOver the past years much has been said and written about a party using keywords for its ads, where those keywords are identical to another party's trade marks
Genuine use of CTM's: where? The ONEL v. OMEL case
- NautaDutilh
- -
- European Union, Netherlands
- -
- December 3 2010
There is a fierce debate on the question whether it is sufficient for maintaining the rights to a Community Trade Mark that genuine use is made in one Member State only
Primakabin Portakabin: preliminary ruling of the ECJ
- NautaDutilh
- -
- European Union, Netherlands
- -
- July 13 2010
In previous newsflashes we have reported on the ongoing litigation between, on the one hand, Portakabin Limited and Portakabin BV ("Portakabin") and, on the other hand, Primakabin BV ("Primakabin"), all of which are traders in modular portable buildings
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