A temporary suspension of execution can only be considered if the appeal appears promising. In addition, the Federal Court of Justice specified in its current decision in which case the enforcement of a foreign arbitral award is not subject to recourse to foreign law.
Malle is not only a common short form and a synonym for Mallorca, but also a protected trademark - since 2002 already. Now those who have been warned defend themselves before the regional court in Düsseldorf.
Similarity and a proven likelihood of confusion with an earlier mark preclude registration of the mark. For an unregistered earlier mark, proof of bad faith is also required. In such a case, the CJEU now ruled in "Outsource2india".
The position mark "hole pattern" in the sanitary area is devoid of distinctive character, today the European Court held. The position mark should have deviated significantly from the industry norm, as the mark merges with the product.
Blue Note vs. Blue Note: The word and figurative mark was able to assert protection before the BPatG against the earlier word mark despite the identical word element Blue Note. Even since some identical goods were claimed, the BPatG regarded the graphic design as distinctive against the earlier word mark.
With effect from 1 November 2019, amendments to the guidelines for patent examination in China have entered into force. The changes include GUI designs, divisional applications and patents on stem cells. Above all, however, a new patent examination for key technology will be offered as a collective examination.
In the field of robots and human-machine communication there is a lot of dynamism. The BPatG rejected a sensitive mobile robot that distances itself from humans in the event of signs of stress as not patentable due to lack of inventive step. For an expert, this patent claim was obvious.
Nivea blue has hardly changed for over 100 years, the famous blue has been under trademark protection since 2007. In the trademark dispute over the color brand, Beiersdorf now won against Unilever before the BPatG. Nivea blue remains under trademark protection.
The famous car manufacturer Bentley Motors has lost in a clothing brand dispute about the mark Bentley against Bentley Clothing in the High Court in London. Bentley Motors may no longer sell its own clothing line under the name Bentley in the UK.
The revocation of the trademark Black Friday became rather unlikely due to an hearing of the Federal Patent Court in september 2019. Dealers will have to comply with trademark protection for Black Friday in November 2019 again.
Algorithm under patent protection is generally not possible, because programs for computers are not patentable. Nevertheless, a different algorithm in a patentable process can help to prove novelty and inventiveness: the current "Head-Up-Displays" case study.
A dispute over similar designs for medical plasters was decided before the CJEU. The Court affirmed a limited design freedom for medical plasters and defined the "informed user".
The European Court has again rejected the trademark protection as 3D Union trademark for the famous cube shape "Rubik's Cube" and confirmed the invalidity of it's trademark registration. The famous cube shape contains a technical solution - even if this is not visible in the trademark representation.
Instructions in the patent claim - for the representation of certain information as well as for the processing of data - are only patentable if they solve a technical problem as technical means. Apple's Slide-to-Unlock is also not patentable in Germany, mainly because the technology did not involve any inventive
3.3 million patent applications were filed worldwide in 2018, reports WIPO in its IP Report 2018. Statistics show large increases for China.