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Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

1 September 2010 | Paul Gershlick

M-Tech bought for resale second-hand computer hardware of Sun Microsystems. Oracle (which has since taken over Sun’s business) objected on the basis that the goods had not been put on the market within...

Tags on this discussion: brand brand protection branding brands CJEU competition law consent Court of Appeal Court of Justice of European Union Court of Justice of the European Union EC Treaty ECJ EEA EU EU law Europan Union Europe European Court of Justice High Court Intellectual property intellectual property rights IP parallel import parallel importing summary judgment trade mark trade mark infringement Trade Marks Act unauthorised unlawful

Skype admits to losing trade mark battle with Sky

18 August 2010 | Mark Weston

Skype is engaged in a battle to keep its brand. Sky – the broadcaster which also is an Internet service provider and telephone service provider – claims that the Voice over Internet Protocol company’s...

Tags on this discussion: brand brand protection branding brands CJEU Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP OHIM opposition trade mark trade mark infringement trade marks

Google announces relaxation in policy towards use of registered trade marks as keywords

16 August 2010 | Mark Weston

Google has announced a relaxation of its policies involving the sponsoring of other people’s trade marks as keywords. Sponsoring keywords triggers adverts when Internet users search on those terms. The...

Tags on this discussion: advertising brand brand protection branding brands CJEU comparative advertising Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights Internet IP keywords Online search search engine search engines trade mark trade mark infringement trade marks

High Court asks European Court to answer whether copying software programming language, interfaces and functionality infringes copyright – SAS v WPL, High Court

10 August 2010 | Mark Weston

SAS had developed analytical software called the SAS System over a number of years and was a giant in the market for software that enabled users to carry out analysis of data. One key element was its own...

Tags on this discussion: CJEU copyright copyright infringement Court of Justice of the European Union easyJet ECJ European Court of Justice functionality High Court infringement Intellectual property intellectual property rights IP language look and feel Mazooma Navitaire Nova Software source code

ECJ gives guidance to objecting to use of trade marks in keywords – Portakabin v Primakabin, European Court of Justice

20 July 2010 | Mark Weston

The European Court of Justice has given guidance as to when registered trade mark owners can complain about the use of their marks by people who bid for them to appear high up search engine results. In...

Tags on this discussion: AdWords brand brand protection branding brands CJEU Court of Justice of European Union Court of Justice of the European Union ECJ European Court of Justice infringement Intellectual property intellectual property rights IP Online search engine search engines search result search term trade mark trade mark infringement trade marks unauthorised unlawful

European Commission gives UK Government two month ultimatum to make Data Protection Act comply with EU Data Protection Directive requirements

2 July 2010 | Mark Weston

The European Commission has laid down a two month ultimatum in which the UK Government must comply with the Commission’s requirements to ensure that the UK’s Data Protection Act 1998 properly complies...

Tags on this discussion: CJEU Court of Justice of European Union data data controller data protection data protection act data protection directive data subject European Commission European Court of Justice ICO Information Commissioner's Office personal data

Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

11 June 2010 | Mark Weston

Coty made and marketed perfumes under its trade marks such as Lancaster and Joop! It used a selective distribution system to sell those goods. Simex was not an authorised seller but it had provided goods...

Tags on this discussion: consent Court of Justice of the European Union EEA EU European Court of Justice European Economic Area European Union infringement Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks unauthorised

Football fixture company wins court victory to stop fixture lists being used without licence – Football Dataco v Brittens, High Court

4 May 2010 | Paul Gershlick

FDL put together the schedule of football fixtures for English and Scottish premier and football leagues. Brittens commercially exploited the fixture lists, allegedly without a licence from FDL. This trial...

Tags on this discussion: copyright data database right databases ECJ European Court of Justice High Court intellectual creation Intellectual property intellectual property rights IP

Retailers can’t charge customers delivery charges if they cancel contract under Distance Selling Directive – Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale Nordrhein-Westfalen eV, Court of Justice of the European Union

30 April 2010 | Paul Gershlick

Under European Union contract law, consumers are generally entitled to a cooling off period in which they may change their minds and obtain a refund for goods purchased at a distance. In this case, the...

Tags on this discussion: cancellation CJEU consumer law consumer laws contract contract law contracts cooling off period Court of Justice of the European Union distance selling directive Distance Selling Regulations ECJ European Court of Justice Office of Fair Trading OFT right to cancel

eBay not liable for counterfeit Tiffany products sold in US

20 April 2010 | Paul Gershlick

Tiffany has lost a legal action brought against eBay in which the jewellery shop sought to hold the popular online auction site liable for sales made of counterfeit products through its online platform....

Tags on this discussion: brand brand protection brands counterfeit eBay European Court of Justice High Court Intellectual property intellectual property rights IP trade mark trade mark infringement trade marks

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Latest news and views tagged European Court of Justice

Law not quite so sunny as parallel importing case overturned due to brand owner’s failure to publish information regarding origin – Oracle v M-Tech, Court of Appeal

Skype admits to losing trade mark battle with Sky

Google announces relaxation in policy towards use of registered trade marks as keywords

High Court asks European Court to answer whether copying software programming language, interfaces and functionality infringes copyright – SAS v WPL, High Court

ECJ gives guidance to objecting to use of trade marks in keywords – Portakabin v Primakabin, European Court of Justice

European Commission gives UK Government two month ultimatum to make Data Protection Act comply with EU Data Protection Directive requirements

Goods with label saying ‘Not For Sale’ and ‘Demonstration’ could not be sold in EEA without owner’s consent – Coty Prestige v Simex Trading, European Court of Justice

Football fixture company wins court victory to stop fixture lists being used without licence – Football Dataco v Brittens, High Court

Retailers can’t charge customers delivery charges if they cancel contract under Distance Selling Directive – Handelsgesellschaft Heinrich Heine GmbH v Verbraucherzentrale Nordrhein-Westfalen eV, Court of Justice of the European Union

eBay not liable for counterfeit Tiffany products sold in US

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