Archive for December, 2007

Owners of TOFIX mark come out on top of TOP IX mark – NV Marly SA v OHIM, CFI

1 December 2007 | Paul Gershlick

NV Marly SA applied for a European Community Trade Mark (CTM) for a figurative mark containing ‘Top ix’ for car-cleaning and maintenance goods. Erdal GmbH opposed the application as it had earlier...

Sunplus unable to eclipse Sun Microsystems with its trade mark application for ‘Sunplus’ – Sunplus Technology v OHIM, European Court of First Instance

1 December 2007 | Paul Gershlick

Sunplus Technology wanted to register a European Community Trade Mark (CTM) for the figurative mark ‘Sunplus’ in relation to a number of computer goods. Sun Microsystems opposed the mark as it had...

CFI has no time for ‘Omega’ watch maker’s trade mark application – Omega SA v OHIM, European Court of First Instance

1 December 2007 | Paul Gershlick

Omega SA – the Swiss watch maker – applied to register a European Community Trade Mark (CTM) for the figurative mark ‘Omega’. Omega Engineering Inc opposed the application especially for apparatus...

Avis tries to ‘run down’ lawyer using its logo to report on a case online

1 December 2007 | Paul Gershlick

Eric Turkewitz – an American personal injury lawyer – reported on his blog (or web diary) as to the immunity of car rental companies from certain kinds of negligence suits in the US. To help bring...

Fujitsu-Siemens gets away with ‘ACTIVY Media Gateway’ trade mark application against Gateway – Gateway v OHIM, European Court of First Instance

1 December 2007 | Paul Gershlick

Fujitsu-Siemens applied to register the words ‘ACTIVY Media Gateway’ as a European Community Trade Mark (CTM) for various IT goods and services. Gateway Inc, the world's third largest IT company, opposed...

Shape of bottle not registrable as a trade mark due to lack of distinctiveness – Develey Holding GmbH v OHIM, ECJ

1 December 2007 | Paul Gershlick

Develey, a German company, applied to the Office of the Harmonisation in the Internal Market (OHIM) to register a three-dimensional form of a bottle as a European Community Trade Mark (CTM) for various...

ECJ says that national courts can directly apply provisions of TRIPs subject to conditions of national laws – Merck Genericos v Merck Sharp & Dohme Ltd, European Court of Justice

1 December 2007 | Paul Gershlick

Merck & Co owned a Portuguese patent which was granted in 1981. The patent was to be used for making a product known as ‘Renitec’. Merck Sharp & Dohme had been licensed the right to exploit...

Small academic company claims patent rights over core Google technology in Texas court

1 December 2007 | Paul Gershlick

Google is being sued by the Northeast University and Jarg, a small company founded by academics, for patent infringement in the Eastern District of Texas. The claimants believe that they invented technology...

Canadian wiki music library website dismantled after European music publisher claimed copyright protection had not yet expired in Europe (although it had done in Canada)

1 December 2007 | Paul Gershlick

In February 2006, a Canadian music student established the International Music Score Library Project, a non-commercial website using wiki tools aimed at allowing people to upload and download music scores...

US consumer groups advocate an ad-tracking opt-out facility for the likes of Google

1 December 2007 | Paul Gershlick

US privacy bodies and consumer groups want to give people the chance to opt out of ad-tracking devices on the Internet. The ‘do not track’ list would prevent the tailoring of adverts based on users’...

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Archive for December, 2007

Owners of TOFIX mark come out on top of TOP IX mark – NV Marly SA v OHIM, CFI

Sunplus unable to eclipse Sun Microsystems with its trade mark application for ‘Sunplus’ – Sunplus Technology v OHIM, European Court of First Instance

CFI has no time for ‘Omega’ watch maker’s trade mark application – Omega SA v OHIM, European Court of First Instance

Avis tries to ‘run down’ lawyer using its logo to report on a case online

Fujitsu-Siemens gets away with ‘ACTIVY Media Gateway’ trade mark application against Gateway – Gateway v OHIM, European Court of First Instance

Shape of bottle not registrable as a trade mark due to lack of distinctiveness – Develey Holding GmbH v OHIM, ECJ

ECJ says that national courts can directly apply provisions of TRIPs subject to conditions of national laws – Merck Genericos v Merck Sharp & Dohme Ltd, European Court of Justice

Small academic company claims patent rights over core Google technology in Texas court

Canadian wiki music library website dismantled after European music publisher claimed copyright protection had not yet expired in Europe (although it had done in Canada)

US consumer groups advocate an ad-tracking opt-out facility for the likes of Google

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