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Class 46 - for your European trade mark news
 

Now in its sixth year, Class 46  is dedicated to European trade mark law and practice.  This weblog is written by a team of enthusiasts who want to spread the word and share their thoughts with others.
 
  FRIDAY, 1 MAY 2009
Coming up next week in the ECJ

The coming week is a very busy one if you're interested in trade mark law and are based in Luxembourg. Apart from a large amount of activity in the Court of First Instance, the Court of Justice itself is fairly preoccupied with trade matters. Next Thursday 7 May is particularly:

* The Court will be ruling in Case C-398/07 P Waterford Wedgwood plc v Office for Harmonisation in the Internal Market, an application by WW to annul the judgment of the Court of First Instance in Case T-105/05 and to have the action remitted to that Court. WW, which owned the WATERFORD mark for glasses, opposed an application to register WATERFORD STELLENBOSCH for wines. The Opposition Division held the marks dissimilar and refused the opposition under Article 8(1)(b) of Regulation 30/94, without considering the Article 8(5) ground; the Board of Appeal disagreed, considered that a likelihood of confusion existed and allowed the opposition. The CFI, allowing the WW's appeal, ruled that there was no likelhood of confusion since the parties' respective goods were neither similar nor sufficiently complementary. The opposition was however remitted for further consideration of the Article 8(5) ground. This current appeal relates to the CFI's ruling under Article 8(1)(b).


* The Advocate General will be giving an Opinion in Case C-446/07 Alberto Severi, Cavazzuti e figli v Regione Emilia-Romagna is a reference for a preliminary ruling from the Tribunale civile di Modena, Italy on a trade mark/GI matter:
"Must Articles 3(1) and 13(3) of Regulation ... 2081/92... in relation to Article 2 of Directive 2000/13/EC ... be interpreted as meaning that the name of a food product containing geographical references, for which, at national level, the submission of an application to the Commission for registration as a protected designation of origin (PDO) or a protected geographical indication (PGI) within the meaning of those regulations has been 'rejected' or blocked, must be considered generic at least throughout the period for which such 'rejection' or blocking remains effective?

Must Articles 3(1) and 13(3) of Regulation ... 2081/92 ...  in relation to ... Article 2 of Directive 2000/13/EC ... be interpreted as meaning that the name of a food product which is evocative of a place not registered as a PDO or PGI within the meaning of those regulations may be legitimately used in the European market by producers who have used it in good faith and uninterruptedly for a considerable period before the entry into force of Regulation ... 2081/92 ... and in the period following the entry into force of that provision?
Must Article 15(2) of the First Council Directive 89/104 ... be interpreted as meaning that the proprietor of a collective mark for a food product containing a geographical reference is not allowed to prevent producers of a product having the same characteristics from using to describe it a name similar to that contained in the collective mark, where those producers have used that name in good faith and uninterruptedly over a period of time considerably pre-dating the registration of that collective mark?".

* A hearing takes place in Case C-278/08 Die BergSpechte Outdoor Reisen und Alpinschule Edi Koblmüller GmbH v Günter Guni and trekking.at Reisen GmbH, a reference for a preliminary ruling from the Oberster Gerichtshof, Austria on:
"Must Article 5(1) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks ('Directive 89/104') 1 be interpreted as meaning that a trade mark is used in a manner reserved for the proprietor of the trade mark if the trade mark or a sign similar to it (such as the word component of a word and figurative trade mark) is reserved as a keyword with a search engine operator and advertising for identical or similar goods or services therefore appears on the screen when the trade mark or the sign similar to it is entered as a search term?

If the answer to Question 1 is yes:

(A) Is the trade mark proprietor's exclusive right infringed by the utilisation of a search term identical with the trade mark for an advertisement for identical goods or services, regardless of whether the accessed advertisement appears in the list of hits or in a separate advertising block and whether it is marked as a 'sponsored link'?

(B) In respect of the utilisation of a sign identical with the trade mark for similar goods or services, or the utilisation of a sign similar to the trade mark for identical or similar goods or services, is the fact that the advertisement is marked as a 'sponsored link' and/or appears not in the list of hits but in a separate advertising block sufficient to exclude any likelihood of confusion?"

Posted by: Jeremy Phillips @ 08.31 
Tags: forthcoming cases,

 

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AIRKRAFT mark gets off the ground in Cyprus
Three vacant chairs in Alicante
KitKat Pop Choc trade dress not confusingly similar to Maltesers, rules Swiss Supreme Court
Denmark: Wine bottle labels made of tin – no trademark infringement
To decide or not to decide? That is the question
Irish trade mark law: a new book is published
Latest edition of Alicante News
Class dispute over similarity of goods too complex for summary judgment
Aurelia, non-renewal and foreseeable system failure
Poland: social coexistence in trade mark registration
Poland: genuine use of a trade mark
L'Oréal / eBay: UK decision available
The Principality finally prevails – MONTE CARLO not registrable for key chains and tale watches
Three more PGIs for Europe
Lithuanian smoked sausage goes for TSG protection
Estonia signs up for Singapore trade mark regime
The Knut polar bear saga continues
Finland: Not so strong, regardless of its name…
OHIM: Fees Regulation and Implementing Regulation
Privatisation and the grant of trade marks
CORNISH SARDINES, FORMAGGIO DI FOSSA DI SOGLIANO head for GI protection
Interview with Wubbo de Boer
Fourth question passed to the ECJ on sponsored links and trade mark use ("Bananabay" case)
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Switzerland: protectability of a pure melody trade mark
Actimel vs Actimelon
Happy Sandwich confusingly similar to happy says OHIM (but is either of them distinctive?)
Bleu du Vercors-Sassenage PDO specification amended
French decision in L'Oréal / eBay available
Poland: 600 or can a number serve as a trade mark?
L'Oréal / eBay: Paris court proposes mediation
CFI clarifies who may apply for renewal of a CTM
Restitutio and time limits: how does the law stand now for CTMs?
Online advertising & Keywords update Italy.
Millionth international trade mark registration goes to Austrian firm
Human cosmetics and veterinary products dissimilar, rules Hungarian board
Finns and Swedes make peace over labelling of Lapland reindeer meat
Kashubian strawberries and other delicacies head for PGI protection
Znojemské pivo GI status confirmed
Four European teams shortlisted for Industry Award
Brand loyalty in crisis and private label on the rise in Greece
Use of MONT BLANC on cigarettes not harmful to MONTBLANC stationery products in Latvia
Similar marks on wine and glasses not likely to cause confusion says ECJ
Ukraine signs up to figurative marks agreement
Poland: average consumer and advertising of pharmaceutical products
Poland: interest interpretations
Book review
CTM filing alert
Redykolka cheese seeks GI protection
Recent GI news from Spain, Hungary and Poland
Brandz 2009
Coming up next week in the ECJ
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