trade mark use

Posted in Art. 5 TMD, CJEU, due cause, good faith, reputed trade marks, trade mark use, trade marks

Trade Mark Functions – New Chance for CJEU
British IPO just reported a new reference for prelimary ruling – Leidseplein Beheer B.V. and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. C-65/12, which deals with following interesting question: Is Article 5(2) of Directive 89/104/EEC to be interpreted as meaning that there
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Posted in Art. 11 EnforD, Art. 5 TMD, Court of Justice, EU, injunctions, trade mark use, trade marks

Frisdranken Case: Another Bit on ´Intermediary Non-use´ of the Trade Mark
Today, the Court of Justice of the European Union decided very interesting trade mark case – Frisdranken Industrie Winters BV C-119/10, which deals with the question of whether intermediary companies, such as a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by
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Posted in actual knowledge, Art. 11 EnforD, Art. 14 EcomD, awareness, conflicts of laws, Court of Justice, duty of care, EU, injunctions, ISP, Liability of ISPs, Sec. 8 STMA, secondary liability, trade mark use, trade marks

Hidden Gems of L’Oreal v. eBay
Some of you might be wondering why Huťko did not report on two most interesting CJEU cases of this beautiful summer – L´Oréal v. eBay C-324/09 and Interflora C-323/09. The main reason is the complexity of said cases. Summing them up in two separate articles would be just not enough to cover everything. And after
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