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Results: 1-10 of 42

CJEU actavis and Eli Lilly SPC judgments
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In addition to giving its decision in Georgetown University C-48412, the Court of Justice of the European Union (CJEU) handed down two other


EU General Court holds OHIM erroneously re-categorised colour mark as figurative mark
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In Gamesa Eólica, SL v Office of Harmonization for the Internal Market 2013 T-24512, the EU General Court has annulled a decision by the Board of


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


CJEU Georgetown University SPC judgment
  • McDermott Will & Emery
  • European Union
  • January 22 2014

Following hot on the heels of the 14 November 2013 opinion given by the Advocate General in Georgetown University C-48412, the Court of Justice of


European Commission launches wide-ranging consultation on EU copyright law
  • McDermott Will & Emery
  • European Union
  • January 22 2014

The European Commission has launched a consultation as part of its goal to review EU copyright law by Spring 2014. The consultation, which is due to


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


Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
  • McDermott Will & Emery
  • European Union
  • January 25 2011

The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading


Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG v Österreich-Zeitungsverlag GmbH: prize promotions and unfair commercial practices
  • McDermott Will & Emery
  • European Union
  • January 25 2011

The European Court of Justice (ECJ) in Mediaprint Zeitungsund Zeitschriftenverlag GmbH & Co KG v Österreich- Zeitungsverlag GmbH C-54008 has held that the possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of the Unfair Commercial Practices Directive (200529EC), simply on the ground that that is what induced some of the consumers concerned to buy the newspaper in the first place


Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported


CJEU confirms change in economic behaviour is required to prove trade mark dilution
  • McDermott Will & Emery
  • European Union
  • December 16 2013

In Environmental Manufacturing LLP v OHIM 2013 C- 38312 P, the Court of Justice of the European Union (CJEU) confirmed that evidence of change in