Court of Justice – Page 2

Posted in Court of Justice, EU, trade marks

Is CJEU case-law on Art. 5(1)(a) of TM Directive still in Conformity with TRIPS?

This is just a brief thought I would like to share with my readers. I guess most of you are familiar with the case law of the Court of Justice concerning art. 5(1)(a) . This provision says that The proprietor shall be entitled to prevent all third parties not having

Posted in Court of Justice, CR, mylife, safe harbours, SK, trade marks

Brief Summary of April / May / June and Beyonds

Huťko is back! Though he actually never left 🙂 As you may have already noticed, last few months were more “quiet” than usual. This is due to the endless final exams period that was “entertaining” Huťko and consuming his entire time. Nevertheless this period is over, Huťko finally entered lawyer-dom and you can look forward

Posted in copyright, Court of Justice, originality, three-step test

AG’s Opinion in Painer v Standard VerlagsGmbH

On 12th of April 2011, AG Trstenjak delivered her Opinion in Case C-145/10, Painer v Standard VerlagsGmbH et al., in which the Court of Justice has been asked to clarify several issues concerning copyright protection of portrait photos and their use in news reports (reported by IPKat here). AG advised following: 1. The notion of

Posted in Court of Justice, EU, trade marks

GA’s Opinion in Inteflora

General Advocate delivered his opinion in Interflora C-323/09 this morning. Huťko is highliting only the second part of “executive summary” which concerns application of Article 5(2). Article 5(2) of Directive 89/104 and Article 9(1)(c) of Regulation No 40/94 must be interpreted as meaning that the use of a sign as a keyword in an internet

Posted in copyright, Court of Justice, DE

BGH referred UsedSoft case to Court of Justice

Huťko just learned that the first senate of Bundesgerichtshof already referred its questions to the Court of Justice of European Union in the UsedSoft case (I ZR 129/08 ). UsedSoft is very interesting copyright case that deals with the resale of downloaded software. Court of Justice was asked to clarify the legal uncertainty that exists

Posted in Court of Justice, e-commerce, EU, injunctions, ISP, safe harbours

Scarlet Extended (Scarlet v. Sabam) – the first Hearing Report

Scarlet Extended C-70/10 dealing with the scope of injunctions against the intermediary (filtering methods) is one of the highlights of this year. Thanks to LINX you can now read a report from the very first hearing of this case held before Court of Justice on the 13th of January. Some interesting hints: Chamber – Unknown,

What will year 2011 bring us?

Huťko would like wish happy New Year to all of his readers. He hopes that 2011 will bring you as much of joy in your life as possible. Huťko likes this quote by Edith Lovejoy Pierce. “We will open the book. Its pages are blank. We are going to put words on them ourselves. The

Another Keyword Advertising Reference – Wintersteiger

It looks like keyword advertising “saga” is not over yet. Court of Justice just received another keyword advertising preliminary reference from a national court, namely C-523/10 Wintersteiger (not on the Curia’s website yet – see IPO). This time it concerns international private law, more specifically interpretation of the Brussels I. regulation which sets jurisdiction

Posted in copyright, Court of Justice, CR, software

Graphic User Interface is not Protected as a Computer Program

Court of Justice finally published its early morning decision in C-393/09, BSA vs. Ministry of Culture of the CR, on which Huťko previously reported here (with case background) and here. Europe’s highest ruled that … 1. A graphic user interface is not a form of expression of a computer program within the meaning of Article

GA’s Opinion in L´Oreal v. Ebay

Huťko is very excited about the opinion of Advocate General Jääskinen in L´Oreal v. Ebay C-324/09 published this Thursday (9th of December). The case is so complex and deals with so many interesting questions that Huťko deems it even more intriguing reading than Google France C-236/08. So far Huťko has identified these interesting (sometimes hidden)