intellectual property

Type of trademark and evaluation of its genuine use

The Court of Justice has finally resolved the case of an EU trademark displaying an X on the side of a sports shoe. The German company Deichmann SE sought revocation of the registration, claiming there was no genuine use of the mark.

Manufacturing waiver weakens SPCs

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products entered into force on 1 July 2019. The regulation introduced a “manufacturing waiver” excluding certain acts by drug manufacturers in the EU from the protection awarded under supplementary protection certificates.

Omegatiming is only for Omega. But what about megatiming?

Sometimes after receiving a cease-and-desist letter, or during the course of litigation, an infringer will replace its disputed name with a new, modified name. But often such changes are unsatisfactory for the plaintiff and are also challenged. Are the defendant’s prior actions and the designations previously used by the defendant relevant to evaluation of the new, modified designation? How to assess a situation where the defendant modifies its name while attempting to maintain continuity with the one it previously used?

Tic-Tac prevails in dispute over MIK MAKI dragee container

In a judgment of 6 March 2019, the Court of Justice of the European Union gave its final ruling on a case surrounding invalidation of a community design presenting the box for MIK MAKI dragees. The invalidation was being sought by Ferrero SpA, claiming infringement of its registered figurative mark for Tic-Tac packaging.

Specifying the type of trademark in a registration filing has far-reaching consequences

It has now been more than 18 years since Enercon GmbH, a manufacturer of wind turbines, applied to register a colour trademark with the EUIPO consisting of a pillar with stripes in varying shades of green and white. The ECJ issued a definitive judgment on the extent of the protection granted.

No supplementary protection for a new form of an active substance

In a judgment of 21 March 2019 (C-443/17) the CJEU reiterated the need for a precise and concise interpretation of the term “protected product” under Regulation (EC) 469/2009 concerning the supplementary protection certificate for medicinal products. The CJEU stressed that this term only applies to an active ingredient of a medicinal product, and not combination with other substances that do not have an independent therapeutic effect.