UP12

Rechtsanwälte, Fachanwälte und Notare

News

28.12.2015 . International News from Consulegis Colleagues

No unequal treatment of cable distributors compared to sellers of dvd-recorders and hard disks

On 12 February, the Belgian Constitutional Court denied the unequal treatment claim made by Belgian cable distributor Telenet (part of Liberty global).  Telenet considered that the Flemish Media Decree is creating an unequal treatment of cable distributors compared to sellers of digital recordi… Read

28.12.2015 . International News from Consulegis Colleagues

Dutch Supreme Court on the likelihood of confusion in trademark law

The Dutch Supreme Court set out instructions for judges deciding questions of facts regarding the analysis of the likelihood of confusion (an important criterion in trademark law). In a judgement dated 20 February 2015, the Dutch Supreme Court ruled that even when a trademark and an other sign have … Read

24.11.2015 . International News from Consulegis Colleagues

The Court of Appeal confirms that Topshop’s sale of Rihanna t-shirt amounted to passing-off in the UK

The Court of Appeal ruled in favour of Rihanna, upholding the first instance decision. This case arose after Topshop started selling t-shirts bearing Rihanna’s picture without her approval. This case shows that it is not always sufficient to obtain an authorisation from the copyright owner to … Read

18.11.2015 . IP News Europe

The Wording “for you” in Context with Goods from the Health and Food Sector Does Not Contain a Product Description

After the previous levels of jurisdictions came up with different decisions the German Civil Supreme Court (“Bundesgerichtshof” – BGH) ruled in 2014 against the party, which requested the deletion of a trademark including the slogan “for you” for goods of food and healt… Read

18.11.2015 . International News from Consulegis Colleagues

Red Bully? Another allegation of trademark infringement from the energy drink giant

Red Bull has opposed a trade mark application by a local Northern Virginia brewery, the Old Ox Brewery. The bullish Austrian energy drink giant filed its opposition at the United States Patent and Trademark Office, claiming that Old Ox’s proposed trade mark for the name ‘Old Ox Brewery&r… Read

30.07.2015 . International News from Consulegis Colleagues

Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317

On 7 April 2015, the Federal Court of Australia ordered several Australian internet service providers (ISPs) to hand over to a film studio the identities of thousands of account holders whose internet connections were allegedly used to share without authorisation the Dallas Buyers Club movie. The ca… Read

30.07.2015 . International News from Consulegis Colleagues

The fine line between inspiration and plagiary in contemporary art

Following a 15 January decision of the Antwerp civil court, Belgian painter Luc Tuymans violated the copyright of photographer Katrijn Van Giel, by using one of her photos as a basis for a portrait painting.  The case brought up an interesting discussion on the limits to copyright in a digital … Read

06.05.2015 . International News from Consulegis Colleagues

Design of a disposable beer tray is not new

In the plaintiff's opinion the defendant infringed his (alleged) rights of a 'one metre beer tray'-design. A Dutch District Court ruled in a recently published judgment that the design of this beer tray was made available to the public before the date of filing of the application by other business o… Read

06.05.2015 . International News from Consulegis Colleagues

UK IPO to provide Designs Opinion Service

The expectation is that this will operate in a similar way to the existing Patents Opinion Service, providing opinions on a number of issues relating to UK and Community registered and unregistered designs on infringement and validity, and for unregistered designs on the question of subsistence and … Read

29.04.2015 . IP News Europe

Even a Rather Sharp and Excessive Criticism of Professional Performance by a Market Participant Must Not Necessarily Be Considered as Insult

In its verdict as of December 2014, the German Civil Supreme Court (“Bundesgerichtshof” – BGH) decided against the previous levels of jurisdictions, as long as comments combining facts and opinions are mainly based on point of views, they are in general protected by the German basi… Read

21.04.2015 . International News from Consulegis Colleagues

Limited recovery of legal fees in IP litigation under Belgian law contested before ECJ

The Antwerp Court of appeal referred a preliminary question to the ECJ in order to know if the Belgian system of limited recovery of legal fees for the winning party in a trial is compatible with EU Directive 2004/48/EG on IP litigation, which allows for “reasonable and proportional reimbursem… Read

21.04.2015 . International News from Consulegis Colleagues

New UK Online Court by 2017

If a recent proposal by the UK’s Civil Justice Council comes to fruition, by 2017, there should be a new online dispute resolution court, called Her Majesty’s Online Court, so that many parties currently unable to use the small claims track can gain access to justice.  The Civil Jus… Read

15.04.2015 . International News from Consulegis Colleagues

ECJ determines who is liable to pay under an artists’ Right to Follow his works

The ECJ recently determined who is liable to pay an artist under this peculiar IP right, and cleared up some confusion about the possibility of transferring this liability under contract. In the recent case of Christie's France SNC v Syndicat National des Antiquaires (2015), the CJEU ruled that the … Read

09.04.2015 . IP News Europe

Current Discussion about Possible Protection Rights (e.g. Ancillary Copyrights) for Organizers of Sport Events

Due to indications of the European Court of Justice combined with surveys and legal opinions initiated several (legal) questions have been raised (again) and (new) approaches are offered. One point of discussion is, whether such a specific protection right in favour of the organizer can improve the … Read

07.04.2015 . International News from Consulegis Colleagues

Registration of a Business Name Does Not Provide an Intellectual Property Right

The Australian Trade Marks Office has confirmed that registration of a business name does not, of itself, provide the owner with any intellectual property rights.  Nice One Sydney’s Pty Ltd v Fantastic Holdings Pty Ltd [2014] ATMO 53 concerned the opposition by Nice One Sydney’s Pty… Read

07.04.2015 . International News from Consulegis Colleagues

The detaining of a person for failure to comply with a judicial order

After a Dutch District Court ordered a person (with the imposition of a penalty) to stop publishing  defamatory statements on his weblog, the person incurred the maximum amount of penalties (20,000,- EUR) and had no assets from which the debt could be covered. However, the publication of defama… Read