intellectual property

Posted in Art. 5(3), CJEU, conflicts of laws, EU, intellectual property, jurisdiction

Is Pinckney Dangerous Law?
I wanted to post this comment since CJEU in October this year handed its perplexing Pinckney C-170/12 ruling. When this Thursday Advocate General Jääskinen published its opinion in Coty Prestige C-360/12, I felt obliged to go back to its confusing language and arguments and point out why Pinckney is a bad law. My regular readers
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Posted in copyright, CR, injunctions, intellectual property

Messing Up With ‘Krteček’
Czech server Aktualne.cz reports that a toy producer, and exclusive licensee, who is producing various goods depicting main character from the Czech cartoon ‘The Mole’ (Krteček) (on the right) just won the case before Supreme Court of Czech republic (23 Cdo 2500/2010) initiated against a company which was selling the confusingly similar toys without any license from
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Posted in Court of Justice, intellectual property, patents, trade marks

Five Interesting & Quite New CJEU Cases
Some recent and interesting IT&IP cases from Luxemburg. Pierre Fabre Dermo-Cosmétique C‑439/09. This relatively unknown decision is actually one of the most important developments of the competition law when it comes to the internet. With AG prof. Mazák, Third Chamber of the Court of Justice held that Article 101(1) TFEU must be interpreted as meaning that, in
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Posted in community involvement, enforcement, EU, intellectual property

Europe Need to Hear Your Voice
There are two important things I would like to draw your attention to. Firstly, prominent European Academics composed a brief letter analysing ACTA provisions and now they are calling for your important assistance. Please take few seconds to symbolically support their effort for balanced IP rights enforcement in EU by signing here. Secondly, European Commission
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Posted in civil procedural law, conflicts of laws, Court of Justice, hosting, intellectual property, ISP, trade marks

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)
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