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#darferdas? – distinctiveness clarified by the CJEU
In a recent ruling in AS v Deutsches Patent- und Markenamt (C-541/18), the CJEU held that consideration should be given to all the relevant facts and circumstances, including all the likely types of use of the mark applied for, during examination.
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CJEU rules on the scope of the "quotation" limitation to copyright infringement and the application of fundamental freedoms
Before the summer break, the CJEU released its judgment in three copyright cases. This blog will consider the impact of the judgment in the case of Spiegel Online (C-516/17). We have already separately posted blogs on the other two cases: Pelham (C-476/17) and Funke Medien (C-469/17).
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CJEU delves into the world of German military reports and questions of copyright
This blog looks at the CJEU's ruling in Funke Medien, one of the trilogy of significant copyright judgments published on the same day. Here the court delves into the world of German military reports, as well as the interplay between copyright and fundamental rights.
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Red Bull's race comes to an end
Earlier this week the CJEU rejected Red Bull's appeal to set aside the General Court's judgment confirming the decision to invalidate Red Bull's colour trade mark.
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Has the CJEU disclaimed the disclaimer?
The CJEU recently handed down its preliminary ruling in the case of Patent-och registreringsverket v Mats Hansson (Case C 705/17), giving guidance on how disclaimers should be interpreted when assessing the likelihood of confusion between two trade marks.
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Fantastic trade marks and where to find them
This month the CJEU hiked into the little-travelled hinterland of contemporary IP law on the trail of a particularly quirky and rarely-glimpsed creature – the position trade mark.
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Novel formulations are not new 'products' under the SPC Regulation, says the CJEU
The CJEU has recently ruled in the Abraxis Bioscience case that SPCs may not be granted for new formulations of old active ingredients.
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Advocate General considers tricky jurisdictional questions over trade mark infringement
In the case of AMS Neve v Heritage Audio, the Advocate General has handed down a much awaited opinion on various questions referred for a preliminary ruling by the Court of Appeal on the issue of jurisdiction to hear claims relating to EU trade marks.
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Colour trade marks: applicant left blue with no silver lining
In the recent case of Oy Hartwall Ab (C-578/17) the CJEU has underlined the issues applicants continually run into when seeking to register trade marks in colours per se.
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Further SPC reference may finally clarify the status of third party MAs
On 1 March 2019, in his judgment in Eli Lilly v Genentech Mr Justice Arnold (who seems to have dealt with most SPC cases at first instance in recent years) referred a long-awaited question to the CJEU on whether a patentee can rely on a third party marketing authorisation in its application for an SPC.