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CMS brands review
- CMS
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- Belgium, European Union, France, Germany, Hungary, Italy, Luxembourg, Netherlands, Poland, United Kingdom
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- November 12 2010
It has been well over a decade since the Trade Marks Directive came into force, approximating the law on trade marks across Europe
Primakabin Portakabin: preliminary ruling of the ECJ
- NautaDutilh
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- European Union, Netherlands
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- 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
The Onel case: Benelux Office for Intellectual Property ruling on genuine use of a Community trade mark
- Bird & Bird
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- European Union, Netherlands
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- June 21 2010
On 15 January 2010 the Benelux Office for Intellectual Property ("BOIP") has rendered an important but controversial decision regarding the question whether use of a trade mark in one EU Member State could be considered genuine use of a Community Trade mark ("CTM"
Genuine use of CTM's: where? The ONEL v. OMEL case
- NautaDutilh
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- European Union, Netherlands
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- 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
Dutch courts apply ECJ Google ruling on keywords
- NautaDutilh
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- European Union, Netherlands
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- 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
ECJ judgement L'Oréal v. eBay: a major step in combating online infringements
- De Brauw Blackstone Westbroek
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- European Union, Netherlands
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- July 13 2011
On 12 July 2011, the European Court of Justice ("ECJ") handed down its much anticipated decision in L'Oréal v. eBay
Consumer goods: update
- Herbert Smith Freehills LLP
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- China, European Union, Indonesia, Netherlands, United Kingdom
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- 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
"Yes you can: the mere filling of packagings bearing infringing marks does not qualify as trade mark use"
- NautaDutilh
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- European Union, Netherlands
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- 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
ONEL of an opinion
- Field Fisher Waterhouse
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- European Union, Netherlands
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- September 14 2012
On 5 July 2012, Advocate General Sharpston delivered her opinion on Case C-14911 Leno Merken BV v Hagelkruis Beheer BV
CJEU decides on “business as usual” after ONE-L of a fight
- EIP
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- European Union, Netherlands
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- 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
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