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Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

21 December 2011 | Paul Gershlick

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....

Tags on this discussion: brand brand protection branding counterfeit counterfeit goods customs EU trade mark HM Revenue & Customs HMRC Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP infringement IPR seizure trade trade mark trade mark directive trade mark infringement trade marks Trade Marks Act trade marks directive trademark infringement trademarks

“The Patent Cliff – Lipitor goes over the Edge”

12 December 2011 | Laura Mole

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...

Tags on this discussion: brand brand protection branding brands Commercial contract contract generic generic drugs generics infringement Intellectual property intellectual property rights intellectual property rights infringement IP IP infringement IPR infringement medicine patent medicines patent patent patent cliff patent infringement patent law patented Patents Patents Act 1977 pharmaceutical patents unauthorised unlawful

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

25 November 2011 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands coexistence agreement cross-border exclusive rights exclusivity injunction Intellectual property intellectual property law intellectual property laws intellectual property rights International Internet Internet use IP IP law IP laws IPR IPR infringement IPR protection IPRs On-line Online online content online IP pharma pharma products pharmaceutical pharmaceutical business pharmaceutical company pharmaceutical industry pharmaceutical market pharmaceutical products pharmaceutical sector social media social network social networking social networking site social networking website territory trade mark trade marks trademark trademarks web web content web site web sites Website website content websites

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

25 November 2011 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands Community Trade Mark Community Trade Mark Regulation Community Trade Marks EU law EU trade mark European Community Trade Marks infringement Intellectual property intellectual property rights intellectual property rights infringement Internet IP IP infringement IPR IPR infringement On-line Online online content online IP Patents County Court PCC trade trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademarks web web content web site web sites Website website content websites

Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices

1 November 2011 | Paul Gershlick

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...

Tags on this discussion: ambush marketing brand brand protection branding brands Intellectual property intellectual property rights IP IPR sponsorship sponsorship agreement sponsorship contract Sport trade mark trade marks trademark trademarks

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

30 October 2011 | Simon Weinberg

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...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union CTM ECJ EU EU law European Community Trade Marks European Court of Justice European General Court European Union General Court General Court of the European Union Intellectual property intellectual property law intellectual property laws intellectual property rights IP IP law IP laws IP rights IPR OAMI OHIM trade mark trade marks trademarks

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

18 October 2011 | Simon Weinberg

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...

Tags on this discussion: agreement agreements anti-competition anti-competitive anti-trust Article 101 Article 81 brand brand protection branding brands breach breach of competition law breaches Chapter I Prohibition commercial commercial agreement commercial agreements Commercial contract commercial contracts commercial law competition competition law competition law breach competition law regime competition regime contract contracts distribution distribution agreement distributor EC Treaty EU EU law Europe European Union European Union law fine Internet IP IP protection IPR IPR protection On-line Online online shopping online trading selective distribution TFEU trade mark trade marks trademark trademarks Treaty of the Functioning of the European Union Treaty on the Functioning of the European Union unenforceable vertical agreement void web content web site web site content web sites Website website content websites

Intellectual Property Office makes its mind up and gives trade mark decision against original members of Bucks Fizz

19 September 2011 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands goodwill infringement Intellectual Property Office IP IP infringement IP Office registered trade mark reputation trade mark trade mark directive trade mark infringement trade marks Trade Marks Act Trade Marks Act 1994 trade marks directive trademark trademark infringement trademarks UK Trade Mark UK Trade Marks

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

27 July 2011 | Paul Gershlick

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...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Court of Justice of European Union Court of Justice of the European Union e-commerce E-Commerce Directive E-Commerce Regulations ECJ effective electronic commerce (EC directive) regulations Electronic Commerce Directive EU EU law EU trade mark European Community Trade Marks European Court of Justice European Union European Union law exemption High Court injunction Intellectual property Internet Internet access Internet connection Internet service provider Internet service providers Internet use Internet user IP IP rights IPR ISP liability liable On-line Online online content online marketplace online trading proportionate trade mark trade mark directive trade mark infringement Trade Mark Regulation trade marks trade marks directive trademark trademark infringement trademarks

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

22 July 2011 | Mark Weston

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...

Tags on this discussion: brand brand protection branding brands CJEU Community Trade Mark Community Trade Mark Regulation Community Trade Marks Court of Justice of European Union Court of Justice of the European Union ECJ EU EU trade mark Europe European Community Trade Mark European Community Trade Marks European Court of Justice European Union Intellectual property intellectual property rights IP IPR OHIM registered trade mark trade mark trade mark directive Trade Mark Regulation trade marks trade marks directive trademark trademarks

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Latest news and views tagged brand protection

Customs officials cannot seize counterfeit goods that are merely in transit in the EU and not intended for sale in the EU – Philips v Lucheng and Nokia v HMRC, European Court of Justice

“The Patent Cliff – Lipitor goes over the Edge”

Murky trade mark mess as German Merck takes action against Facebook for US Merck use of Facebook page

Angler shows folly as trade mark angles for a victory in trade mark infringement case – Fox International v Folly, Patents County Court

Government changes Olympics ambush marketing rules to ban adverts on human bodies, but permits adverts being sent to mobile devices

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

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

Intellectual Property Office makes its mind up and gives trade mark decision against original members of Bucks Fizz

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

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

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