National rules in trademark law which cover part of a compound trademark such as a word and figurative mark by means of a disclaimer are not permitted in proceedings for a likelihood of confusion. The ECJ ruled that an exclusive right to only one component of a composite mark cannot be asserted.
The simulation of a robot is a technical task. However, if the simulation device must specify the interacting programming lines of the robot simulation before the start of execution, this is not patentable, was ruled by the German Federal Patent Court.
The car manufacturer VW AG was successful before the European Court in obtaining VW design protection for three of its car models. Toy manufacturer Rietze had unsuccessfully filed an application for invalidity of the VW Community designs.
The cancellation of the design protection for the famous Porsche 911 was confirmed before the European Court. The overall impression is dominated by the very similar general structure of the conflicting designs. The Porsche Community designs therefore lack individual character - an important legal case for the entire
May a press release inform that a competitor has manufactured his product using illegal recipes and trade secrets and has been sentenced to injunctive relief by a higher court? Yes, according to ruling of Federal Supreme Court, that denied illegal comparative advertising in this case.
The Italian designer Andrea Incontri won for the time being in the dispute over the desired trademark registration of his own name, under which Incontri also operates its own fashion label. In the European court it was about the dominance of first and last names, but not about the fashion label.
In a trade mark application, the applicant can restrict the goods and services at any time. This also applies during proceedings before the Board of Appeal and regardless of whether a statement of grounds was filed, the European Court ruled in proceedings concerning the well-known figurative mark of mobile, the
An SPC cannot be granted for a medicinal product which is protected in the basic patent and already on the market - even if a new formulation of an "old" active substance of this medicinal product represents and the effect is thus improved, the ECJ ruled in the case Abraxis.
If a patent in the granted version and also in a limited version is defended in the first instance, any grounds of appeal must challenge any supporting consideration. The BGH issued a ruling on the inadmissibility of an appeal in German patent nullity proceedings.
In the Debrisoft II case, the Federal Supreme Court ruled as a guiding principle whether and to what extent the principles of exhaustion of trademark rights in parallel imports of medicinal products also apply to medical devices would only be relevant in the case of repackaging or re-labelling.