Posts Tagged: Court of Justice of the European Union


CJEU Says Copyright Protection May Apply to Product Designs if Technical Result Doesn’t Prevent Creative Choice

On June 11, the Fifth Chamber of the Court of Justice of the European Union (CJEU) issued a decision in Brompton Bicycle Ltd. v. Chedech/Get2Get in …
By Steve Brachmann
2 months ago 0

EU Court Says Amazon Not Liable for Unwitting Third-Party Trademark Infringement

On April 2, the Court of Justice of the European Union (CJEU) issued a ruling absolving e-commerce giant Amazon.com of trademark infringement allegations brought by a German …
By Steve Brachmann
4 months ago 0

UK Rules Out Participation in Unified Patent Court, Defines Priorities for FTAs

The UK Government has confirmed that the country will not be part of the planned Unified Patent Court (UPC). The decision was revealed in a statement sent …
By James Nurton
5 months ago 4

EU Trademark Owners Relieved by CJEU Judgment in SkyKick Case

The Court of Justice of the European Union has provided reassurance to European trademark owners in its judgment today in the SkyKick case. (Case C?371/18 Sky plc, …
By James Nurton
6 months ago 0

Resale of E-Books Requires Copyright Authorization, Rules CJEU

The Grand Chamber of the Court of Justice of the European Union (CJEU) has ruled that supply to the public by downloading, for permanent use, of an …
By James Nurton
8 months ago 4

National Courts Can Order Worldwide Takedown, Says CJEU in Case Against Facebook

The Court of Justice of the European Union (CJEU) has ruled that host providers, such as Facebook, can be required to take down illegal content, including identical …
By James Nurton
10 months ago 1

Court of Justice of the European Union Provides Guidance on EU Trade Mark Jurisdiction

The Court of Justice of the European Union (CJEU) has ruled that an EU trade mark (EUTM) proprietor may bring an infringement action in an EU Member …
By James Nurton
11 months ago 1

CJEU Backs Kraftwerk in Music Sampling Copyright Case

The Court of Justice of the European Union (CJEU) has ruled that a phonogram producer can prevent another person from taking a sample, even if it is …
By James Nurton
1 year ago 1

EUIPO’s Christian Archambeau on Globalization, EUTM Trends, and Brexit

IP rights face “a challenging future,” according to Christian Archambeau, the Executive Director of the EUIPO, who spoke to the media during the INTA Annual Meeting in …
By James Nurton
1 year ago 0

Is Europe really moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
2 years ago 0

Is Europe really (*still*) moving away from protecting platforms and internet intermediaries?

This time last year, the combination of the Commission's September 2017 Communication and the proposed Article 13 of the draft Copyright Directive led some to conclude that Europe was …
By Nick Aries
2 years ago 0

Nestlé’s 3D trade mark hopes melting away?

In a unanimous decision, the Court of Appeal has upheld the High Court's ruling involving Nestlé's attempt to register a four-finger bar shape as a trade …

Suite Result for Hotel Cipriani at the CJEU

The General Court of the Court of Justice of the European Union (CJEU) has dismissed an appeal from the unsuccessful application by Arrigo Cipriani (Arrigo) to have …

From Safe Harbor to Privacy Shield: Making order from chaos on data protection

To replace the now-defunct Safe Harbor agreement, last week the European Commission published the first details of its transatlantic Privacy Shield. The Privacy Shield is meant to …
By Heather Antoine
4 years ago 0

CJEU declares Commission’s US Safe Harbor Decision Invalid

The decision creates significant uncertainty for organizations who rely on Safe Harbor either for their own, internal data transfers, or because they use a service provider which, …