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Tag: cjeu

Samsung v Swatch: the UK Court of Appeal departs from the EU approach to the E-Commerce Directive ‘safe harbour defence’ – Kluwer Trademark Blog

Patents
Recent posts have examined the UK courts’ approach to IP law post-Brexit, and have examined decisions handed down shortly before the coming into force...

Top News

UK trade mark law post-Brexit: the Advancetrack case examines REULA and the TMA 1994 – Kluwer Trademark Blog

Patents
The start of 2024 marked a significant change in the UK legal landscape post-Brexit – the entry into force of the Retained EU Law...

CJEU rules (again) on shifting burden of proof in Hewlett-Packard case – Kluwer Trademark Blog

Patents
On 18 January 2024, in case C-367/21 (still no English version) the CJEU ruled again on the exhaustion of EU trade mark rights (following...

Can a German Trademark be used to prohibit possessing goods outside of Germany? – Kluwer Trademark Blog

Patents
Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following...

Basmati: The UK perspective – Kluwer Trademark Blog

Patents
We UK lawyers view with interest the developments in the “Brexit cases”, resulting in appeals to the CJEU in 3 cases, as discussed in...

CJEU: no ‘repair’ clause in EU trademark law

Patents

Audi vs. aftermarket – CJEU had the last say – Kluwer Trademark Blog

Patents
On 25 January 2024 the CJEU issued the long-awaited judgement in the already famous AUDI case (C-334/22). This judgment confirms the possibility of Audi...

BASMATI – or: Back into the Past? – Kluwer Trademark Blog

Patents
On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. The other...

‘AI Generated Work’, ‘Computer Generated’ and ‘Work’ in Copyright: Whether AI Generated Work is a ‘Work’?

AI
Right on the heels of Vedika’s earlier post, we are pleased to bring to you this guest post by Dr. Anson C J taking...

Top 3 posts of the autumn from our IP law blogs – Kluwer Trademark Blog

Patents
To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide...

No Bed of Roses: Sumitomo Rubber Industries is Seeking to Register Floral Fragrance Reminiscent of Roses as Applied to Tyres in India

Patents
Recently, Sumitomo Rubber Industries filed an unusual application seeking to register an olfactory mark as a wordmark! Discussing this anomaly, we are pleased to...

Brothers in arms. The EUIPO defends its Board of Appeals’ jurisdiction (and its own) and the CJEU allows an(other) appeal to proceed. – Kluwer...

Patents
To which extent can the General Court review decisions by the EUIPO Boards of Appeal (BoA) is an issue never properly addressed, and one...

Louboutin v Amazon does not apply to ordinary online marketplaces, says district court

Patents
Netherlands Legal updates: case law analysis and intelligence This is the first case in the Netherlands in which the claimant relied on...
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