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Results: 1-10 of 15

Further CJEU guidance on keyword advertising and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

Registrability of marks containing geographical indications of origin

  • McDermott Will & Emery
  • -
  • European Union, Finland
  • -
  • November 3 2011

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication

CJEU considers effect of honest concurrent use in Budweiser reference

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use

CJEU provides guidance on revocation of common names for products

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • May 8 2014

In Backaldrin Österreich The Kornspitz Company GmbH v Pfahnl Backmittel GmbH 2014 C-40912, the Court of Justice of the European Union (CJEU

General Court upholds OHIM refusal of CTM application for shape of loudspeaker

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 29 2011

In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods

Court of Justice of the European Union provides ruling on keyword jurisdiction

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 30 2012

The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment

EU General Court finds use of CTM by intermediary to be “outward” and genuine

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 22 2014

In Recaro Holding GmbH v OHIM 2013 T-52412, the EU General Court upheld a decision by the Board of Appeal of the Office of Harmonization for the

Advocate general considers jurisdiction for claims of infringement of a national trade mark online

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark

Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 25 2011

Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement

Is a trade mark infringed by failure to identify the repackager of a parallel import?

  • McDermott Will & Emery
  • -
  • Denmark, European Union
  • -
  • November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports