Goods in the form of the famous logo with the double C of Chanel were sold by the Chinese jeweler. The IP court had to decide in this trademark dispute whether the infringement of a shape of goods in China is a trademark infringement - and ruled against Chanel.
Neither the 3D Union mark of the guitar manufacturer Gibson nor the Union figurative mark of the exclusive PSR guitar are valid before the EUIPO or the European Court for lack of distinctiveness. Famous brand guitar - but no EU brand.
The European Court confirms cartel of optical drive manufacturers today. The plaintiffs Sony, Hitachi, Toshiba and Quanta had pleaded errors in the interpretation of Art. 101 TFEU, which imposed millions of penalties on them in 2015.
In an invalidity proceedings concerning a European patent, the BPatG decided on the continuation of the invalidity proceedings with regard to all subclaims, even if the patentee in the parallel proceedings bases the action there only on the main claim: a leading decision.
An opposition may be filed against a trade mark registration by the proprietor of an earlier registered trade mark, if it is identical or similar to this earlier trade mark. But this requires particular care: he must be able to prove his good reputation - by exactly the same as the trademark was registered.
Can a pharmaceutical company prohibit public access to documents submitted for the marketing authorisation of the medicinal product? No, the European court ruled, an exception to publication applies only to documents relating to court proceedings.
Brazil is an official member of the Madrid Agreement, the international trademark system administered by WIPO. With Brazil's accession, the Madrid system will comprise 121 countries, including all ten of the world's largest economies.
The ECJ ruled that a trade mark for medicinal products can only be proved in genuine use of a mark if the medicinal product is authorised, but not by using the trade mark in a clinical trial. However, a clinical trial may be a legitimate reason for non-use of the trademark. An important judgment in trademark law for
The trademark dispute over the successful film "Fack Ju Göhte" has taken a new turn today. The Advocate General of the ECJ sees no clear violation of morals in the film title and refers to the right of expression in trademark law.
With its recent ruling, the Federal Supreme Court reversed a contrary ruling of the BPatG on the declaration of division of a patent in an appeal instance. The focus was on the responsibility for receiving the declaration of division: was it to be filed at the patent court or at the DPMA?
The UK Government announces that British legislation amending SPC Regulation 469/2009 will enter into force on 1 July 2019 - also known as the SPC Manufacturing Waiver. Important is that the amendment provides for an exemption from protection by an SPC.
An appeal may be lodged against a rejection decision in patent proceedings and an application for legal aid may also be lodged. But what happens for legal aid if failure to pay the appeal fee within the time limit leads to the appeal being deemed not to have been filed? German BPatG's recent ruling about Restitutio in
Advocate General calls for reassessment of the likelihood of confusion of the Burlington mark. In the trademark dispute over the famous trademark Burlington, the ECJ's Advocate General has strengthened the plaintiff Tulliallan, owner of the famous luxury passage Burlington Arcade in London, against the trademark
Europol's latest successes reveal a frightening illegal trade in product and brand piracy, even with sensitive products such as food and drink - and also with fat burner preparations. Europol has now succeeded in striking an important blow against food piracy.
The daughter and heiress of a VW designer receives no copyright compensation for the VW Beetle, the Braunschweig District Court ruled. What is remarkable about the judgment is that it applies the Copyright Act to works from the 1930's, although the Copyright Act did not enter into force until 1966.