Posts Tagged: "Court of Justice of the European Union"

CJEU Advocate General Recommends Clarifying What Constitutes Trademark ‘Use’ by Online Intermediaries

On June 2, the Court of Justice of the European Union issued a press release discussing the results of the Advocate General’s opinion on two actions filed by French footwear designer Christian Louboutin, one in Luxembourg and another in Belgium, against the Amazon group (Amazon) alleging trademark infringement. As detailed in the opinion, Amazon regularly advertises red-soled platform shoes which are for sale on its platform without the consent of Louboutin. Louboutin is the owner of the EU position mark referred to as the “red sole” for goods in International Class 25 covering “high-heeled shoes (and other orthopedic footwear).” The mark at issue “consists of the colour red (Pantone 18-1663TP) applied to the sole of a shoe.” Louboutin also has national protection for the mark in both Belgium and Luxembourg.

CJEU Upholds 2019 EU Copyright Directive

The Court of Justice of the European Union (CJEU) has rejected a legal challenge to Article 17 of Directive 2019/790 on Copyright in the Digital Single Market. (Case C-401/19 Republic of Poland v. European Parliament and Council, ECLI:EU:C:2022:297.) The challenge was brought by the government of Poland. It argued that Article 17 of the Directive, which concerns the liability of online service providers for copyright-infringing content uploaded by users, infringed the rights to freedom of expression and information. The rights to freedom of expression and information are guaranteed in Article 11 of the Charter of Fundamental Rights of the EU.

INTA Brief to CJEU Says Locally Significant Unregistered Trade Names Can Co-Exist with Later Registered National Trademarks

The International Trademark Association (INTA) last week submitted an amicus brief to the Court of Justice of the European Union (CJEU) providing its input on the topic of whether earlier unregistered rights of local significance, like trade names, can coexist with later registered national trademarks. The case was referred by the Dutch Supreme Court.

England and Wales Court of Appeal Rules in SkyKick Trademark Case

Followers of European trademark developments will be familiar with the Sky v SkyKick litigation, in which the UK courts and the Court of Justice of the EU have addressed questions concerning trademark invalidity (see IPWatchdog report here). In the latest twist, the England and Wales Court of Appeal has reversed one of the main first instance findings. In its judgment, the Court allowed Sky’s appeal against a finding that its asserted trademarks for SKY were partially invalid due to lack of intention to use amounting to bad faith. The Court ruled that it was essential to determine whether the parts of the trademark registrations which were relied on were or were not applied for in good faith.

No Unfair Advantage or Detriment in EUTM Case Involving PUMA Logo

Sports and fashion company Puma has lost an appeal before the EU General Court, following an eight-year dispute. The trademark case concerned figurative signs depicting leaping cats, and the judgment was published on May 19 (Case T-510/19). Puma, based in Germany, filed an opposition to an EU trademark (EUTM) application filed by Gemma Group in February 2013 for “Machines for processing of wood; machines for processing aluminum; machines for treatment of PVC” in class 7. The application depicted a blue cat leaping from left to right. Puma owns earlier marks for a cat leaping from right to left, registered for a wide range of goods including clothes, accessories and sports equipment.