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Current issues in lifesciences
  • CMS
  • Czech Republic, European Union
  • January 11 2012

The lifescience sector is driven by development and innovation

These are not just any flowers, these are Interflora flowers; or are they?
  • Shepherd and Wedderburn LLP
  • European Union, United Kingdom
  • November 18 2011

Following on from the Advocate General’s opinion in the case of Interflora Inc and Interflora British Unit v Marks and Spencer plc and Flowers Direct online (the “Interflora case”), as covered in the March edition of our IP e-bulletin, the Court of Justice of the European Union (CJEU) handed down its judgment on 22 September 2011

Using trade marks as keywords
  • Penningtons Manches LLP
  • European Union
  • October 6 2010

Following recent judgments from the European Court of Justice (ECJ), the law relating to the use of trade marks as keywords has been clarified

Interflora Google AdWord case opinion - a gift to internet key word purchasers?
  • Gowling WLG
  • European Union
  • April 5 2011

The Advocate General of the Court of Justice of the European Union (CJEU) has given an opinion which suggests he thinks Marks & Spencer infringed Interflora's trade mark by using it as a Google AdWord

L'Oreal v eBay - AG's opinion
  • Herbert Smith Freehills LLP
  • European Union
  • December 10 2010

The AG's Opinion is that eBay is not liable for the trade mark infringements of its customers but it could become so if it fails to take further action once notified and that injunctions are available against eBay in relation to repeated or continued infringements featuring the same user and same trade mark

ECJ poised for new ruling on use of trademarked terms as keywords
  • Steptoe & Johnson LLP
  • European Union
  • April 9 2011

Would a rose by any other name smell as sweet?

ECJ rules on trademark protection online and intermediaries’ liability L’Oréal v eBay
  • Portolano Cavallo Studio Legale
  • European Union
  • September 9 2011

On July 12 2011 the Court of Justice of the European Union (ECJ) ruled on trademark protection on the Internet and the extent to which operators of online marketplaces can be held liable for trademark infringements by users (Case C-32409, L’Oréal SA, Lancôme parfums et beauté & Cie SNC, Laboratoire Garnier & Cie, L’Oréal (UK) Ltd v eBay International AG, eBay Europe SARL, eBay (UK) Ltd, Stephen Potts, Tracy Ratchford, Marie Ormsby, James Clarke, Joanna Clarke, Glen Fox, Rukhsana Bi

L'Oreal v eBay: online marketplaces and trade mark infringement by their users
  • CMS
  • European Union, United Kingdom
  • July 15 2011

Online marketplaces, such as eBay, enable users to advertise for sale a vast range of products

ECJ provides further guidance on the use of internet key words
  • Mills & Reeve LLP
  • European Union
  • August 12 2010

Following on the Louis Vuitton case, in Portakabin Ltd and another v Primakabin BV, (Case C-55808), the ECJ has provided further useful guidance relating to the use of competitor's keywords, in a judgment which further emphasises the need for internet advertisers who use competitors' trade marks as keywords, to make it clear that the advertised goods or services are not associated with the competitor

ECJ’s AdWords decision upholds Google’s integrity but does it raise questions over its business model? Users of Google’s service will have to tread carefully
  • Mills & Reeve LLP
  • European Union
  • August 12 2010

Trade mark owners are increasingly facing the unauthorised registration and use of their trade marks as keywords on internet search engines, the effect of which is that searches against their trade marks bring up their competitors' websites as sponsored advertisements