Case Reports

Below are the latest case reports.

News

  • IP Case Report January 2017

    This month we report on the latest decision regarding the registrability of the Rubik's Cube shape mark (Simba Toys GmbH & Co. KG v EUIPIO) and the Court of Appeal's decision in the judicial review proceedings against the recent legislation on standardised tobacco packaging (British American Tobacco v Department of Health).

  • IP Case Report December 2016

    This month we report on the CJ's decision in Montis Design BV v Goossens Meubelen BV which confirmed the Copyright Term Directive does not apply to copyright which lapsed under national law prior to 1 July 1995. We also report on the decision in Victoria Plum Ltd v Victorian Plumbing Ltd concerning keyword advertising.

  • IP Case Report November 2016

    This month we report on the GC's decision in European Food v EUIPO which confirmed that evidence filed for the first time at the appeal stage of invalidity proceedings would not necessarily be regarded as having been submitted out of time.

  • IP Case Report October 2016

    This month we report on the CJ's decision in GS Media BV v Sanoma Media Netherlands BV & Ots, which considered whether hyperlinking to illegally posted copyright works amounted to a communication to the public under Article 3(1) of the Copyright Directive.

  • IP Case Report September 2016

    This month we report on the CJ decision in EUIPO v Xavier Grau Ferrer which considered the relevant considerations to be taken into account in relation to evidence submitted out of time

  • IP Case Report August 2016

    This month we report on the Court of Appeal decision in Cartier international AG & Ots v British Sky Broadcasting Ltd & Ots that upheld an injunction requiring ISPs to block access to websites which infringed the claimants' trade marks.

  • IP Case Report July 2016

    This month we report on CJ's decision that the lending of electronic books is not incompatible with the Copyright Directive (Verenigin Openbare Bilbiotheken v Stichting Leertecht) and that fair compensation for copying under Article 5(2)(b...

  • IP Case Report June 2016

    This month we report on AG Szpunar's opinion in Simba Toys GmbH & Co. KG v EUIPO, which considered the registrability of Rubik's Cube shape mark, and also the Court of Appeal's decision on the final outstanding point in the 'Glee Club' appeal regarding the validity of the claimant's series mark (Comic Enterprises Ltd v Twentieth Century Fox Film Corporation).

  • IP Case Report May 2016

    This month we report on AG Szpunar's opinion in Tobias McFadden v Sony Music Entertainment Germany GmbH, which considers the liability of mere conduits under the E-Commerce Directive...

  • IP Case Report April 2016

    This month we report on the Supreme Court decision of PMS International Group Plc v Magmatic Ltd concerning the popular 'Trunki' product design. We also report the CJ's decision in Daimler AG v Együd Garage Gépjárműjavító és Értékesítő Kft which considered the definition of 'use' under Article 5(1)...

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