European Court of Justice

Testarossa: The ins and outs of genuine use of a trademark

Does the sale of replacement parts and accessories for Testarossa cars and used Testarossas qualify as genuine use of the Testarossa trademark? If so, is the mark used only for high-priced luxury sports cars, or for the whole category of cars?

The shape of Ritter Sport, and other chocolate disputes

On 23 July 2020, the ten-year dispute over the square packaging of Ritter Sport chocolate ended. The proceedings were held in Germany, but the decision may provide guidance to courts of other states on how to interpret the notion that shape can add significant value to a product.

What will YouTube not tell you about an intellectual property infringer?

For years, film distributors have been fighting against illegal sharing of movies on the internet. The enforcement of rights before the courts is hampered in particular by the functioning of the platforms on which the films are posted, including the users’ relative anonymity. In a recent judgment, the Court of Justice of the European Union held that YouTube and Google are not obliged to turn over data to holders of IP rights allowing them to identify users who have infringed their rights. Which data? More below.

End of the road for the secondary market in e-books and video games?

In recent months, perhaps more than ever, life has moved online. Some people spend their time reading e-books or playing video games. Can they later resell or exchange such “used” works? A recent ruling by the Court of Justice throws into doubt the secondary trading in digital goods.

Must car-rental companies pay royalties to collective management organisations?

If a rental car is equipped with a radio, should the rental company pay royalties to a collective rights management organisation? The Court of Justice recently addressed this issue.

Is a warehouse operator responsible for storing counterfeits?

The CJEU held that a company that only stores goods without knowing they are counterfeits does not infringe trademarks. So can logistics operators sleep easy? Not really.