Whether a hashtag # in a trademark strengthens its distinctive character must be assessed on a case-by-case basis, the ECJ ruled yesterday in case #darferdas. All types of use of the trademark must be examined - if the use is probable and customary in the industry.
Copyright protection in industrial design and fashion design was confirmed by today's ruling of the ECJ. However, an additional copyright protection plus design protection is not justified by aesthetics and aesthetic effect, but only by intellectual creation with originality.
Is a prior art published online relevant for a patent application, for which this publication was already considered a new day in Europe, but still a day before in Alaska and Hawaii? A ruling of the BGH on time zones and prior art on the priority day.
Just in time with beginning of the Munich Oktoberfest 2019, the German DPMA again rejects the registration of the Oktoberfest trademark. For years, the City of Munich has endeavoured to register the Oktoberfest and the Wiesn as protected trademarks.
The European Court rejected the desired trademark registration of the Union figurative mark #BESTDEAL. The applicant C&A relied in vain on the distinctive character of the hashtag sign # and on other EU trade marks containing the word element "Best".
The European Court of Justice today issued an important ruling on the jurisdiction of EU courts when an action is brought for infringement of a Union trademark by online advertising. Where is the infringement action to be filed? In the EU country where advertising and sales offers were shown, the ECJ ruled today.
Huawei is not only in focus because of the lack of Google support for the new Mate model, but also for the 5G network. In its ruling between Unwired Planet and Huawei, the Düsseldorf Court of Appeal set a new framework for FRAND conformity and the licensing of transferred SEP.
If a defendant in invalidity proceedings for a patent decides to no longer defend the patent in dispute, this is a permissible self-restriction. However, this leads to the invalidity of the patent ex tunc - i.e. from the beginning, the BPatG ruled.
UK is a member of international IP agreements and offers trademark conversion in UK trademarks. And the EPO is not an EU organisation. So is there no loss of IP rights through Brexit or No-Deal Brexit?
The comparison of German and French law on the preservation of evidence in IP infringement shows that the procedures are similar, but differ in implementation. In France, the Saisie-contrefaçon allows far-reaching seizure.
Three private persons found a successful music bar "Cafe del Mar" and market it. But after years, one of the three registered a European figurative mark Cafe del Mar in his own name - a bad faith trademark application?
The remuneration of an Employee's invention is not a remuneration based on profit, but a remuneration based on the potential of the invention. This is because the remuneration reflects the economic value of the power of disposition which the inventor must transfer to the employer.
A long period of coexisting trademarks does not automatically mean the peaceful coexistence of trademarks - and certainly does not lead to the conclusion that there is no likelihood of confusion between the trademarks, the CJEU ruled in invalidity proceeding "Tropical".
For the granting of SPCs on medicinal products, the term "active substance" is defined by the case law of recent years, but not by the corresponding EC regulation: we give an overview of the case law.