FRIDAY, 30 MAY 2008
ECJ and CFI action next week
This coming Tuesday, 3 June the Court of Justice of the European Communities gives judgment in Case C-507/07 Commission v France (failure to communicate the list, provided for in Article 80(2) of Regulation 6/2002, of Community design courts, indicating their names and their territorial jurisdiction).
Then on Thursday, 5 June the court hears the arguments in Case C-301/07 PAGO International ( interpretation of Article 9(1)(c) of Council Regulation 40/94 on the Community trade mark: rghts of the proprietor of a trade mark having a reputation in the Community - trade mark having a reputation only in one Member State - protection of the trade mark in the whole of the Community or only in one Member State?)
Later that day the court gives judgment in Case C-395/07 Commission v Germany (failure to adopt the measures necessary to comply with Directive 2004/48 on the enforcement of intellectual property rights).
The Court of First Instance will also be busy with IP issues.
On Tuesday 3 June the CFI hears the submissions in Case T-372/06 Bomba Energia Getränkevertriebs v OHIM - Eckes-Granini (Bomba) -- the CTM applicant for BOMBA is appealing against the successful opposition by the owner of earlier national rights to LA BAMBA. The CFI then goes on to hear submissions is Case T-325/07 Caisse Fédérale du Crédit Mutuel Centre Est Europe v OHIM (SURFCARD) , on an application to annul the Board of Appeal's partial refusal of an application to register the word mark SURFCARD for goods and services in classes 9, 36 and 38.
On Wednesday 4 June the CFI hears arguments in Case T-161/07 Group Lottuss v OHIM - Ugly (COYOTE UGLY) . These proceedings involve a dispute between the owners of the word and figurative marks for COYOTE UGLY.
Then, on Thursday 5 June, the CFI hears Case T-101/07 Dada v OHIM - Dada (DADA), where the applicant for a figurative mark DADA consisting of the word DADA with a design of intertwined concentric ellipses with an empty circle defined at the centre of them for services in Class 42 is challenging a decision of the First Board of Appeal which dismissed its appeal against the Opposition Division's partial refusal of its application.
Later that morning, the CFI hears argument in Case T-297/07 TridonicAtco v OHIM (Intelligent Voltage Guard). This is an appeal against the repeated refusal of OHIM to register the figurative mark 'Intelligent Voltage Guard', for products in Classes 9 and 11
Finally, on Friday 6 June there's a hearing in Case T-136/07 Colgate-Palmolive v OHIM- CMS Hasche Sigle (VISIBLE WHITE) . This is a keenly-fought contest between Colgate-Palmolive, the proprietor of the Community word mark VISIBLE WHITE for goods in class 3, and CMS Hasche Sigle, the applicant for cancellation.
Posted by: Jeremy Phillips @ 14.57
Tags: forthcoming appeals,