European IP Bulletin, Issue 58, March 2009
March 2009
Full Printable Version in PDF Format (Adobe Acrobat Reader required, available for free download here)
Commercial (click the header at left to view the Commercial Articles)
Law Applicable to Contractual Obligations
Regulation 593/2008/EC on the law applicable to contractual obligations takes effect in the United Kingdom from 17 December 2009.
Arbitration, Anti-Suit Injunctions and the Brussels Regulation
In Allianz SpA (formerly Riunione Adriatica Di Sicurta SpA) v West Tankers Inc, the European Court of Justice ruled that anti-suit injunctions are incompatible with Regulation 44/2001/EC.
Communications & New Media (click the header at left to view the Communications & New Media Articles)
EU Safer Social Networking Agreement
On 10 February 2009, 17 social networking sites signed an agreement on a set of Safer Social Networking Principles for the European Union.
Entertainment & Media (click the header at left to view the Entertainment & Media Articles)
Online Libel: Evidence of Substantial Publication and Abuse of Process
In Christopher Carrie v Royd Tolkien, the Claimant argued that libellous comments about him posted on his blog remain actionable, even after he had the opportunity to take them down but decided not to so that he could put them “in context”.
Child’s Right to Privacy
In Reklos and Davourlis v Greece, the European Court of Human Rights held that taking photographs of a baby, without parental consent, amounts to a violation of its right to privacy.
Trade Marks (click the header at left to view the Trade Marks Articles)
Acquired Distinctiveness
In New Look Ltd v The Office for Harmonization in the Internal Market, the Court of First Instance held that, in order for a mark lacking distinctive character to be registrable on the basis of acquired distinctiveness, an applicant must demonstrate that the mark has acquired distinctive character through use in the whole Community.
Comparative Advertising: Smell-Alikes and Unfair Advantage
In L’Oréal SA v Bellure NV, the European Court of Justice Advocate General considered that it remains a matter for national courts to determine whether or not the use of a sign takes unfair advantage of that mark’s reputation.
Genuine Use and Give Aways
In Silberquelle GmbH v Maselli-Strickmode GmbH, the European Court of Justice held that there was no genuine use of a trade mark that was applied to goods given away free of charge when a consumer purchased other goods from the same origin.
Parallel Imports (click the header at left to view the Parallel Imports Articles)
Lawfulness of New Packaging in Which Drugs are Marketed in Another EEA State by a Parallel Importer
In The Wellcome Foundation Ltd v Paranova Pharmazeutica Handels GmbH, the European Court of Justice concluded that the lawfulness of the new packaging in which drugs are marketed in another European Economic Area State by a parallel importer is to be measured solely against whether it is capable of damaging the reputation of the trade mark and its proprietor.
Designs & Patents (click the header at left to view the Designs & Patents Articles)
Flat-Bed Airline Seat
In Virgin Atlantic Airways Ltd v Premium Aircraft Interiors Group Ltd, unregistered design rights and patent rights subsisting in Virgin's flat-bed seat (the UCS) were at issue.
Patents (click the header at left to view the Patents Articles)
Insufficiency, Inventive Step and Technical Contribution
In Generics (UK) Ltd v H Lundbeck A/S, the House of Lords provided some clarity in relation to sufficiency.
Advertising & Marketing (click the header at left to view the Advertising & Marketing Articles)
Direct Marketing: Database Practice
An Advertising Standards Authority Adjudication against Direct Home Shopping Brands Ltd t/a Kaleidoscope Ltd reminds advertisers that the explicit and informed consent of consumers is required before disclosing their personal details to third parties for direct marketing purposes.
Intellectual Property (click the header at left to view the Intellectual Property Articles)
Software Patenting: European Patent Office Consultation
In the January 2009 Official Journal of the European Patent Office, an official announcement concerning the four pivotal questions being referred by the President under case G3/08 was published.
Domain Names (click the header at left to view the Domain Names Articles)
Resellers—Legitimate Use of Third Party Marks
In Oracle International Corporation v Contractors Network Ltd, Oracle International failed in its bid to have the disputed domain name, oraclecontractors.com, transferred to it after presenting what the panel described as “not a particularly strong” prima facie case under the Uniform Domain-Name Dispute-Resolution Policy.
