Joined cases C-449/18 P and C-474/18 P

[Tanja Wittmann] In a press release, the Court of Justice of the European Union reported on its judgment of 17 September 2020 in Joined cases C-449/18 P EUIPO v Messi Cuccittini and C-474/18 P J.M.-E.V. e hijos / Messi Cuccittini. In the meantime, the judgement is available in Spanish and French.

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Is the decision by the Executive Director of the EUIPO regarding extension of time limits in the context of the coronavirus outbreak (COVID 19) legally valid in every respect?

|Tanja Wittmann| In the context of the coronavirus outbreak, the Executive Director of the European Union Intellectual Property Office (EUIPO) – with Decision No EX-20-3 of 16 March – extended all time limits expiring between 9 March 2020 and 30 April 2020 until 1 May 2020. In practice, the time limits will expire on 4 […]

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International Jurisdiction in Cases of Infringement of Union Trademarks

|Gert Würtenberger| Trading platforms for marketing are tools that are gaining more and more importance. For this reason, it is quite obvious why infringements of rights such in designs and trademarks very often occur through promotion and distribution activities via platforms. As the same are accessible worldwide whereas the placing of infringing goods may occur […]

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Brexit and License Agreements

|Gert Würtenberger| As a result of the most recent elections in the UK and the passing of the Withdrawal Agreement Bill through the House of Commons, it is almost certain that this Member State will leave the European Union on 31 January 2020, with a subsequent transi-tion period until (at least) 31 December 2020. During […]

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Infringement of a Union trademark – Where to sue?

|Gert Würtenberger| According to Article 97 V of the European Union (EU) Trademark Regulation 2017/1001, proceedings in respect of actions and claims connected with infringements of Union trademarks may also be brought before the courts of the Member State in which the act of infringement has been committed or threatened. Exempted from that possibility are […]

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Genuine Use of a Registered Trademark – Decision of the Second Board of Appeal of 23 October 2019 in Case R 767/2019-2

|Gert Würtenberger| A Union trademark that has been registered for more than five years is subject to the user requirement in order to safeguard its enforceability in opposition and/or infringement proceedings (as regards proof of use in opposition proceedings, see Article 47(2) EUTMR). Whether genuine use has occurred is, according to established case law, to […]

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Informed User and Freedom of Design – Judgement of the General Court of the European Union – T-209/18.

|Gert Würtenberger| One of the requirements to have a design protected under the Community Design Regulation (CDR) is its individual character. According to Article 6 CDR, a design has individual character if the overall impression produced by it on the informed user differs from the overall impression produced on such a user by any design […]

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