EU Court of Justice: Amazon is not responsible for trademark infringements committed by third parties

With a recent decision issued in the proceedings C-567/18, the EU Court of Justice, ruling on the interpretation of Article 9 of EU Regulation 2009/209 and Article 9 of EU Regulation 2017/1001 on EU trademarks, held that a subject who, on behalf of a third-party, stores products infringing another’s […]

By |21 04 2020|Uncategorized|0 Comments|

EU Court of Justice redefines the neutrality of hosting providers

With the decision
of last October 3rd, the European Court of Justice (preliminary ruling C-18/18),
provided some clarifications on the interpretation of Article 15(1) of EC
Directive no. 2000/31. The provision lays down the principle of provider
neutrality by preventing Member States from imposing on Internet Service Providers
a general obligation to monitor stored […]

By |06 12 2019|Uncategorized|0 Comments|

The ECJ rules on the matter of pre-ticked checkboxes and cookie consent

With a recent decision (C-673/17) dated October 1 2019, the European Court of
Justice ruled on a reference for a preliminary ruling proposed by the
Bundesgerichtshof (the German Supreme Court), concerning the validity of the
consent to use cookies, given by means of pre-ticked checkboxes.

The dispute arose from an online
promotional lottery organised […]

By |25 11 2019|Uncategorized|0 Comments|

Porsche 911’s design was found invalid by the EU General Court

With a judgement dated 6 June 2019 (T-209/18), the EU General Court upheld EUIPO’s decision that found the design of the well-known ‘Porsche 911’ to be invalid. The individual character and novelty of the EU design, in fact, had been questioned in 2014 by the company Autec AG, which […]

By |12 08 2019|Uncategorized|0 Comments|

EU General Court, T-215/17: the ‘Apple’ trademark cannot be confused with the ‘Pear’ trademark

With a recent judgement, the EU General Court ruled on the matter of visual and conceptual similarity between signs and, overturning EUIPO’s decision, found that the well-known Apple trademark and the Pear trademark (shown below) cannot be confused.

The dispute arose from Apple Inc’s opposition
to the application for registration of […]

By |03 06 2019|Uncategorized|0 Comments|

EUCJ, C‑614/17: a PDO can be infringed by images that evoke it suggestively

By Laura Spagnoli and Luigi Manna

With a decision dated 2 May 2019, the European Court of
Justice (C-614/17) ruled on three preliminary questions raised by the Tribunal Supremo (the Spanish Supreme
Court), concerning the interpretation of Article 13(1)(b) of Regulation EC no. 2006/510
in the matter of protection of designations of origin […]

By |16 05 2019|Uncategorized|0 Comments|