litigation

Sales of samples and testers infringes trademark rights

A trademark holder may prohibit sale of brand samples and testers if the holder reserves title to the items and expressly indicates that they are not for sale, the European Court of Justice held on 3 June 2010.

Beware: not every infringement of a renowned brand is actionable

The court may refuse to find unfair competition even if the grounds are met, if the facts in the case show that the holder of a renowned trademark did not take action against infringements for an extended time.

Price regulation on a competitive gas market

Setting rates for energy companies is not inconsistent with achieving competition on the energy market, but not all price interventions by regulators are legally permissible.

Better to file petition to enforce claim before the debtor is declared bankrupt

Sometimes creditors put off commencing an action to enforce a claim when it could worsen the debtor’s financial position. As a result, they must wait until the bankruptcy proceeding is over before filing suit.

Not every use of a trademark is sufficient to maintain registration rights

Placing a trademark on items given free-of-charge to customers does not constitute “genuine use” of a trademark required to maintain the registration.

First judgment in favour of a customer who lost money on currency hedging

The court held that the bank misled the customer by failing to warn of the risk associated with currency forward contracts. But each claim must be considered on a case-by-case basis.