Organisation: CJEU

Exhaustion and relabelling: Supreme Court rules that prominent use of MySoda brand on certain labels was infringing

The Supreme Court has issued a final decision in the longstanding battle over the refilling and relabelling of SodaStream carbon dioxide bottles.

28 November 2023

Inditex v EUIPO, or the importance of filing new evidence with conversion request following revocation for non-use

The decision highlights that revocation actions and subsequent conversion proceedings are separate proceedings.

24 November 2023

Serial infringements: electrical switch series found to be infringing under Danish law

The case shows that a series of products can be protected against imitation provided that it has sufficient distinctiveness.

17 November 2023

Luxury goods at discount stores: who doesn't love a bargain?

In this dispute over the sale of JOOP! and Calvin Klein perfumes at discount stores, the court considered whether damage to reputation can constitute a legitimate reason to prevent the resale of exhausted goods.

15 November 2023

CJEU considers international jurisdiction over defendants from different member states

The ruling affirms the findings of Nintendo v BigBen regarding the conditions of application of Article 8(1) of Regulation 1215/2012.

06 November 2023

CJEU: mandatory jail for trademark infringement “disproportionate”

The CJEU considered the compatibility with EU law of the penalties for infringement provided by the Bulgarian Criminal Code.

02 November 2023

Ex-EUIPO head suggests SEP role should not go to agency “with no experience in the field of patents”

António Campinos, president of the European Patent Office and a former executive director of the EUIPO, has written to the European Parliament’s legal affairs committee to voice concern over recent proposals on standard essential patents.

23 October 2023

Court of Appeal decision highlights autonomous nature of counterclaims

An EUTM may be invalidated through a counterclaim, even if the main action for infringement has been withdrawn.

12 October 2023

EUIPO: third-party second-hand sale of Testarossa automobiles does not constitute genuine trademark use

Ferrari SpA has been dealt a major blow in these long-running cancellation proceedings, with the Fifth Board of Appeal of the EUIPO cancelling the mark TESTAROSSA for “automobiles”.

06 October 2023

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

This is the first case in the Netherlands in which the claimant relied on the recent CJEU decision in Louboutin v Amazon

19 September 2023

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