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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


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


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


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”


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


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


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 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