Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more
In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more
In the latest instalment of trade mark litigation between UK supermarket competitors Lidl and Tesco, the Court of Appeal has reversed a High Court decision that had struck out Tesco's counterclaim on bad faith grounds. The...more
Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling....more
Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more
In its judgment C-693/17 earlier this year, the CJEU confirmed a decision of the GC in design invalidity proceedings, in which the proprietor of a trademark protecting the image of product packaging successfully took action...more
The use of figurative signs and words that evoke a geographical area which is associated with a protected designation of origin may constitute an unlawful evocation of the latter. This was the CJEU’s conclusion in its...more
Since 2013, the Scotch Whisky Association (SWA) has tried to prohibit the Swabian whisky producer Waldhornbrennerei, which is based in Berglen near Stuttgart, from using the trade mark “Glen Buchenbach”. ...more
German Federal Court of Justice rules on the scope of jurisdiction of national courts - In an online context, IP infringement frequently occurs simultaneously in more than one country and so the flexibility to take action...more
The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more