Friday, August 2, 2019
Sampling and Copyright - 29 July 2019

The Court of Justice issued its preliminary ruling in a case concerning the sampling of a fragment of a song, Kraftwerk's Metall auf Metall, by a German producer. Producers' rights under Directive 2001/29 are assessed, as well as the possible application of exceptions and limitations, based on art. 5 of the Directive.

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Monday, July 8, 2019
Freedom of expression in trademark law - 2 July 2019

Opinion of CJEU Advocate General Bobek in case C-240/18, “Fack Ju Göhte”, concerning freedom of expression in trademark law and the appropriate assessment of public policy and morality principles, under art. 7(f) of Regulation (EC) 207/2009. For additional info, click on READ MORE.

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Friday, June 7, 2019
The monitoring and removal obligation of the host provider - 4 June 2019

On 4 June 2019, the CJEU ruled that, under Art. 15 (1) of Dir. 2000/31/EC, a Member State’s Court injunction may include the order for the host provider to remove information identical or, to some extent, equivalent to that found illegal – also worldwide, subject to applicable public and private international law. For additional info, click on READ MORE.

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Friday, March 29, 2019
Figurative or Colour Mark – an important distinction for #trademark applications, 27 March 2019

On March 27, 2019, in Oy Hartwall Ab v Patentti- ja rekisterihallitus (C‑578/17), the #CJEU ruled on the relevance of the classification as a “colour mark” or “figurative mark” in trademark applications. The request for a preliminary ruling was submitted by the Supreme Administrative Court of Finland.
The applicant sought to register, with the Finnish Intellectual Property Office, a colour mark, which was represented by a colour drawing with the shape of a banner.
For additional info, click on READ MORE

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Friday, March 8, 2019
The conflict between shape and sweets, according to the CJEU - 6 March 2019

On March 6, 2019, the CJEU ruled on the invalidity of a Community design based on an earlier figurative trademark in BMB v EUIPO - Ferrero (C-693/17P).
Both the registered design, owned by BMB, and the trademark at issue, Ferrero’s international registration that goes back to 1974, represent a container for sweets. For additional info, click on READ MORE

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Friday, March 1, 2019
"SO similar", says the Court of Justice - 28 February 2019

On February 28 2019, in Group Léa Nature S.A. v EUIPO (C-505/17P), the CJEU upheld a decision of the General Court, which applied the “global assessment” rule to evaluate the similarity between the signs at issue, and, acknowledging the existence of a link between such marks, holds that there was also a risk of a detrimental effect on the earlier marks. For additional info, click on READ MORE

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