Compliance Perspectives: The End of the Privacy Shield
Nota Bene Episode 89: European Q3 Check In - Merger Clearance and Data Protection Court Rulings and Brexit Updates with Oliver Heinisch
This article is a follow-up to the hearing conducted before the Grand Chamber of the Court of Justice of the European Union (CJEU) in the BSH Hausgeräte/Electrolux case (C‑339/22) of 14 May 2024. An earlier hearing in this...more
A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more
The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
In Short - The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more
In the latest instalment of trade mark litigation between UK supermarket competitors Lidl and Tesco, the Court of Appeal has reversed a High Court decision that had struck out Tesco's counterclaim on bad faith grounds. The...more
In Short - The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more
Continuing with news involving the color red, on December 23, 2022, the Court of Justice of the European Union (CJEU) issued a preliminary ruling finding that Amazon may be subject to liability for trademark infringement...more
Thank you for reading the December 2022 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Pantone's 2023 Color of the Year and a preliminary ruling in Europe regarding an online marketplace's...more
Three cases handed down on 17 November 2022 by the EU’s highest court shed important light on the ability of brand owners to oppose the repackaging of medicinal products, particularly where anti-tampering devices are replaced...more
Trademark proceedings concerning the rights to the trade name and trademark "HEITEC" were brought before the German Federal Court of Justice (BGH), which in turn referred four questions to the CJEU for a preliminary ruling....more
CJEU Decision - In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more
Is Art. 17 DSM Directive compatible with EU fundamental rights? Today, the CJEU has given the answer, in one of the most awaited rulings of the year: yes – because of the safeguards of Art. 17 DSM Directive (C-401/19). The...more
The Court of Justice of the European Union (“CJEU”) has recently ruled that the private copying exception contained in the Information Society Directive (the “Directive”) applies to works stored in space made available to...more
After a myriad of challenges, delays, and hurdles, the setting up of the pan-European patent court, the Unified Patent Court (UPC), is finally gaining traction. On January 19, 2022, the UPC came into existence as an...more
Recent developments at the CJEU give some shape to the practical implications of Article 17 of the Copyright Directive. 7 June 2021 was the implementation deadline for the Copyright in the Digital Single Market Directive...more
The EU General Court (GC) recently ruled on copyright protection for standardisation documents, such as DIN (German Institute for Standardisation) documents. The GC ruled that, under certain circumstances, such documents can...more
Sovereign Wealth Fund Investment in the Global Healthcare Industry - Sovereign Wealth Funds (SWF) seek out investments that are resilient, conducive to their aims and objectives, and reasonably free from market...more
How to interpret the notion of second medical use with regards to SPCs? This is the question which was asked of the Court of Justice of the European Union (CJEU) by the court of appeal of Paris on behalf of the French...more
With a decision of 19 January 2021, the Munich Regional Court (file number 21 O 16782/20) referred following question to the CJEU for a preliminary ruling...more
Messi is victorious not only on the football field, but also before the European Courts: the football player’s reputation creates a conceptual difference between MESSI and MASSI which counteracts the visual and phonetic...more
Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual. Oral hearings are for the...more
China - On 28 January 2020, CNIPA (China's National Intellectual Property Administration) published its Notice 350, which is applicable to both trademark and patent matters....more
Court of Justice of the European Union (CJEU) - The CJEU has announced? temporary changes to its working arrangements. Judicial activity will continue, but priority will be given to those cases that are particularly...more
The last year of the 2010s has been prolific in terms of important new pieces of legislation and case law within the European Union, and in France and Germany in particular. Indeed, the European Parliament and the EU Council...more