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Results: 1-10 of 32

CJEU rules on copyright protection of photographic portraits
  • McDermott Will & Emery
  • European Union
  • February 29 2012

In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work


Jurisdiction to award damages for online infringement of “personality rights” clarified
  • McDermott Will & Emery
  • European Union
  • November 29 2011

The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused


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


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


Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
  • McDermott Will & Emery
  • Czech Republic, European Union
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself


The European General Court decides only visible parts determine overall impression
  • McDermott Will & Emery
  • European Union
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character


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


Top jeans brand 7 For All Mankind could lose right to branded accessories over distinctiveness of “seven”
  • McDermott Will & Emery
  • European Union
  • November 29 2011

In Seven SpA v OHIM T-17610 6 October 2011 (unreported) the General Court annulled decision of the Board of Appeal of the Office of Harmonization for the Internal Market (OHIM) that rejected an opposition against the mark SEVEN FOR ALL MANKIND on the basis that the Board had erred in finding that there was no similarity between that mark and earlier composite marks featuring predominantly the word “seven”


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


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