If you are a MARQUES member, the December MARQUES News-Channel email circular should by now have reached you. Among other things, the circular bears news of forthcoming meetings. as well as listing the cases that have been added to the Case Law Database. This month's new cases are:

Intel Corporation Inc. v CPM United Kingdom Ltd; Court of Justice of the European Communities, 27 November 2008: C-252/07 -- An important ruling from the European Court of Justice on what it takes for the owner of an established brand to establish that the use of a later mark, registered for different goods or services, would be detrimental to its reputation or distinctive character.

Irish Distillers Ltd v Cooley Distillery PLC; High Court, 04 July 2008: [2008] IEHC 236-- This is an unusual case in which the commercial effect of the alleged infringement, and therefore the characteristics of the relevant consumer, were determined by factors that lay outside the jurisdiction in which the trade mark was granted.

Watch shape trade mark; Bundesgerichtshof, 24 May 2007: I ZB 66/06 -- An important confirmation that, in a market in which goods could take on any of an effectively innumerable variety of shapes, it would be difficult to establish that any specific combination of those shapes had to be kept free for competitors to use.

Perfume Tester Bottle: Bundesgerichtshof, 15 February 2007: I ZR 63/04 -- The German Supreme Court rules that the market reality of a perfumer maker disposing of tester bottles in order that they can be given to ultimate consumers overrides the express indication by the owner of the trade mark in the perfume that it retained title to its samplers, which were said to be not for sale.

Regina v Gary Boulter: Court of Appeal, 08 October 2008: [2008] EWCA Crim 2375 -- In a criminal prosecution for trade mark infringement, it was no defence to prove that the infringed marks had been so poorly reproduced that the relevant consumer would not be confused into believing that the infringing goods were genuine.

Ningbo Beifa Group Co., Ltd v Schwan-Stabilo Schwanhäußer GmbH & Co KG: OHIM Third Board of Appeal, 31 January 2008: R 1352/2006-3 -- An opponent's national trade mark, cited in cancellation proceedings brought against a registered Community design, is presumed valid unless the proprietor of that design is able to undermine its validity under the law of the country in which it was granted.

ecoblue AG v Office for Harmonisation in the Internal Market, Banco Bilbao Vizcaya Argentaria, SA: Court of First Instance of the ECJ, 12 November 2008: T-281/07 --
The Court of First Instance clarifies whether, when the opponent bases an opposition on a series of marks but the Board of Appeal bases its decision upon a comparison with just one of that series, there has been a misapplication of the principles relating to oppositions based on a series of marks.

Imperial Chemical Industries plc v Office for Harmonisation in the Internal Market: Court of First Instance of the ECJ, 10 October 2008: T-224/07 -- LIGHT & SPACE held to be devoid of distinctive character for varnishes, lacquers etc in Class 2.

Ratiopharm GmbH v Office for Harmonisation in the Internal Market: Court of First Instance of the ECJ, 16 September 2008: T-47/07 and T-48/07 -- The Court of First Instance analyses the form and deeper meaning of the word BioGeneriX,
concluding that, while it is indeed registrable for "chemical products for preserving foodstuffs" in Class 1, it was descriptive and non-distinctive in respect of the vast majority of goods and services for which registration was required.

Louis M Gerson Co Inc v Office for Harmonisation in the Internal Market: Court of First Instance of the European Communities, 10 September 2008: T-201/06 -- The Court of First Instance holds that a three-dimensional mark consisting of a paint filter with a yellow patch near the tip is devoid of distinctive character in respect of paint filters and strainers.