Now in its twelfth 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.
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MONDAY, 2 NOVEMBER 2015
Tommy Hilfiger reference heads for a CJEU ruling
Posted by: Blog Administrator @ 07.38
CJEU reference, liability of non-online intermediaries,
Our attention has been drawn by Axel Paul Ringelhann to Case C-494/15 Tommy Hilfiger Licensing and others, a reference to the Court of Justice of the European Union for a preliminary ruling. The referring court -- that's the Nejvyšší soud České republiky (otherwise known as the Supreme Court of the Czech Republic) -- wants guidance on the following two questions:
1. Is a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market-traders for their use, an intermediary whose services are used by a third party to infringe an intellectual property right within the meaning of Article 11 of Directive 2004/48 ... on the enforcement of intellectual property rights?
2. Is it possible to impose on a person with a lease of premises in a market, who provides stalls and pitches on which stalls may be placed to individual market traders for their use, measures, as provided for in Article 11 of Directive 2004/48 ..., under the same conditions as those formulated by the Court of Justice in its judgment of 12 July 2011 in Case C-324/09 L’Oréal and Others v eBay and Others with regard to the imposition of measures on the operators of an online marketplace?
Class 46 will be keeping an eye out for further developments.
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