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Results: 1-10 of 17

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


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


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 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


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 confirms no proof of genuine use of earlier trade mark in CTM opposition
  • McDermott Will & Emery
  • European Union
  • December 16 2013

In Biotronik SE & Co. KG v OHIM, Case T-41611 the EU General Court upheld a decision of the Board of Appeal and rejected an opposition to a


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


Application for advertising slogan rejected as not indicating commercial origin
  • McDermott Will & Emery
  • European Union
  • May 8 2014

In Deutsche Bank AG v OHIM 2014 T-29112, the EU General Court has found that the protection of an advertising slogan as a Community trade mark


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


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