Blog Post
The Advocate General's clarification of the 'Specific Mechanism' in Pfizer Ireland Pharmaceuticals v Orifarm
Advocate General Tanchev recently gave his opinion in Pfizer Ireland Pharmaceuticals v Orifarm concerning parallel imports of etanercept (a drug used for treating arthritis) from new member states into Germany. The Regional Court in Düsseldorf referred questions to the CJEU seeking guidance on the scope of the so-called 'specific mechanism' exception.
Blog Post
Louboutin: the next step in the red sole saga
This latest development in the red sole saga concerns Louboutin's 2010 Benelux registration for "the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark)". This is the AG's second Opinion on the matter following the re-opening of oral proceedings for interested parties.
Blog Post
A new wave of trade mark protection: the "aura" of a luxury brand
On 6 December 2017 the Court of Justice of the European Union delivered its judgment in Coty Germany GmbH v Parfümerie Akzente GmbH. The case involved Coty Germany, a luxury cosmetics supplier, which in order to preserve its brand, distributed certain products through a selected network of distributors that were authorised to do so (the "Selected Distribution System"). Parfümerie was an authorised distributor of the Coty products, and in dispute was a clause in the contract between the parties which prohibited Parfümerie distributing Coty goods through Amazon Germany.
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Grand Chamber is the next step in Louboutin red sole case
The CJEU has decided to re-open the Christian Louboutin red sole case due to issues of principle concerning European Union trade mark law.
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CJEU rules on the amount of protection afforded by a stylised letter mark
In a recent CJEU decision concerning the marks X and XKING for tyres, the court considers the amount of protection that can potentially be afforded by a stylised letter mark.
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CJEU landmark ruling: The Pirate Bay's activities constitute a communication to the public
Earlier this year we blogged on the Advocate General's opinion in the widely reported case concerning the notorious website, known as The Pirate Bay. We now report on the eagerly awaited CJEU decision published today, in which it ruled that the activities of such websites could constitute a communication to the public and thereby copyright infringement.
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CJEU delivers landmark ruling on communication to the public in Filmspeler case
Last week the CJEU issued its decision in the latest case concerning the European concept of 'communication to the public' under Article 3(1) of the Copyright Directive, Stichting Brein v Filmspeler (Case C-527/15). The court's decision largely follows the Advocate General's opinion (which we covered in our blog) and continues the expansion of 'communication to the public' to protect the rights and interests of rights-holders, evolving the concept to account for the fast developing digital environment.
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Advocate General opinion that The Pirate Bay's activities infringe copyright
A new year, a new linking case, with Dutch anti-piracy foundation, Stichting Brein, again at the forefront. Yesterday, Advocate General Szpunar gave his opinion in Stitching Brein v Ziggo BV and another (Case C-610/15) that The Pirate Bay website communicates works to the public and is consequently liable for copyright infringement.
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Decision on potential liability of free Wi-Fi providers
In a decision that will come as a relief to many network providers, the CJEU has held that open Wi-Fi operators will not be liable for infringement by users of their networks, subject to certain conditions.
Blog Post
CJEU clarifies the requirements for a "Communication to the Public"
The Grand Chamber of the CJEU has recently given another important ruling on the meaning of "communication to the public" in copyright infringement cases. In doing so it has provided a useful clarification of its previous case law on this issue and confirmed that the term should be given the same meaning in the InfoSoc and Rental Directives.