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Counterfeit goods that are in the European Union purely because they are in transit between non-EU countries cannot be seized by customs authorities, according to a ruling of the European Court of Justice....
“The Patent Cliff – Lipitor goes over the Edge”
As the largest ever number of patents protecting the pharmaceutical industry’s most profitable “blockbuster” drugs are set to expire, for India and China it’s going to be a very merry Christmas...
Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page
Merck KGaA has applied for a court order to receive information from Facebook after the German drugs giant claims to have discovered that the social networking site had allegedly allowed its American pharmaceutical...
Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court
Fox had a European Community Trade Mark for “STALKER” in respect of fishing equipment. Folly sold fishing equipment on the Internet under the name “STALKER” but replacing the “T” with a picture...
Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices
The Department of Culture, Media and Sport has listened to response in a consultation on its proposed London Olympic Games and Paralympic Games (Advertising and Trading) Regulations. Accordingly, it has...
OHIM and European Union General Court should have considered whether wine bottle was distinctive enough for trade mark protection – Freixenet SA v OHIM, European Court of Justice
Freixenet applied to register the features of a wine bottle as a European Community Trade Mark. In particular, it claimed the colour “golden matt” and described the trade mark as a “white polished...
ECJ says ban on Internet sales took selective distribution system outside of block exemption protection in EU competition law – Pierre Fabre Dermo-Cosmetique v French Competition Board, European Court of Justice
PFDC makes and markets cosmetics and personal care products under certain brands. It requires sales to be made in a physical space in the presence of a qualified pharmacist. The French Competition Board...
Intellectual Property Office makes its mind up and gives trade mark decision against original members of Bucks Fizz
Three of the original members of Bucks Fizz, the 1981 Eurovision Song Contest winning group, have lost in an attempt to register the BUCKS FIZZ trade mark in the UK and to revoke someone else’s UK registration...
L’Oréal battle with eBay worth it as ECJ delivers stunning victory for the cosmetics brand in battle against trade mark infringers – L’Oréal v eBay, European Court of Justice
Some two years ago, the High Court ruled that eBay would not be jointly liable for trade mark infringements by its users who sold infringing products on its website. However, the ruling was referred to...
ECJ allows national law to stop registration of famous people’s names even after they have sold their Community Trade Mark rights – Edwin v OHIM, European Court of Justice
Elio Fiorucci, the fashion designer, sold the creative rights including his trade marks to Edwin. Edwin later registered "ELIO FIORUCCI" as a European Community Trade Mark. Fiorucci asked for the mark...