Chianti vs GHISU, both word/figurative marks containing a rooster as a figurative element: the CFI ruled on advantage taken unfairly of the distinctive character or the repute of the earlier mark Chianti Classico - which is a collective mark.
The ECJ ruled today in the German "gherkin dispute" on opposition proceedings against changes to the specification such as a geographical protected indication. Who has a legitimate interest for opposition proceedings within the meaning of the relevant EU Regulation? Is a popular action possible?
According to general case law for EU trademarks, the product similarity must always be assessed in the case of a likelihood of confusion, especially in the attention of consumers. But what does the legal practice look like for well-known or luxury brands or even medicines? A look at the legal practice and European case
The German Düsseldorf OLG has made a ruling on the use of the ÖKO-TEST label in violation of the trademark, with effect on many IP rights: No compensation for damages in the case of gratuitous licensing, not even in the case of its use in violation of the trademark. The appeal is now pending before the BGH.
The first syllable of the marks in dispute was completely identical, and the word elements of the EU marks were of the same length. So how did the ECJ assess the likelihood of confusion between the word and figurative mark Alkemie and the earlier word mark Alkmene?
Hitachi patent was partially declared invalid for DE and remains valid in auxiliary version: it is about the patent 'code distribution for mobile communication'. The case about the Hitachi patent is interesting because of the relevant topic for mobile communication - and because the patent has already expired.
The U.S. Supreme Court has ended a years-long legal battle over the Java API code in Android operating systems: in Google v. Oracle, the U.S. court ruled in Google's favor - and with important case law on code copyright. The Java API code falls under fair use, the court ruled.
The agreements between generic producers and patent holder Lundbeck were Restriction by object, the ECJ ruled. Lundbeck unsuccessfully invoked a protected process for the production of the active ingredient as a barrier to market entry.
The European Court (CFI) ruled on a contested colour mark showing a colour combination of two colours - reminiscent of the Red Bull ruling. The decisive question was whether there was a systematic arrangement of the colours in the colour mark.
Cyprus has lost again before the CFI in the assertion of rights due to its own trade mark HALLOUMI - this time against an EU figurative mark Halloumi from Greece. Cyprus had even claimed bad faith by applying for this figurative mark Halloumi - but in vain.
European design protection for the Lego brick? The EUIPO said "no", but this decision has now been overturned by the European Court (CFI). The core question is whether a Lego brick can be protected as a design despite technical features because of its modular construction.
A recent ruling of the ECJ deals with copyright-protected works that are displayed on a website with the consent of the right holder and which are additionally displayed as an embedding by digital framing of another, third-party website, e.g. as thumbnails and preview images. Is this a lawful practice?
With increasing automation in companies, Employee’s invention with software is also becoming more common. How should the amount of the remuneration claim be determined in accordance with German ArbEG? And is there anything to consider about anEmployee’s invention in an international firm?
The EPO statistics from the Patent Index 2020 annual report show a slight overall decline in European patent applications. However, it is all the more evident that China and South Korea increased their patent applications - and the EU and the USA made significantly fewer inventions.
The Enlarged Board of Appeal has ruled on mixed inventions involving a computer program. Once a computer program is running, even merely "potential" technical effects shall always be treated as real technical effects. This is relevant, among other things, for patent protection of an algorithm.