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In 2012 Member States and the European Parliament agreed on the "patent package" - a legislative initiative consisting of two...

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Make Your Mark Autumn 2012

european perspectives

Court of Justice Rules on Class Headings

Our last issue hailed the forthcoming Court of Justice decision in IP TRANSLATOR as promising "certainty on class headings" (Make Your Mark, Spring 2012). We hope it is n...

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Where to Sue for Keyword Infringements in Europe

It is trite law since Google France that adopting a competitor's brand as a keyword can land an advertiser in court. But which court? The question of international jurisd...

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Shape Marks Need Not Be 3-D, Rules General Court

A tacit assumption about shape marks has generally been that shapes are 3-D. In Europe at least, that premise has now been swept away, however, by a ruling of the General...

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alicante abstracts

Buying Descriptive Words at Price of Common Sense

Trademark law normally restrains overzealous traders from posting "keep off the grass" signs on descriptive words. A recent decision of the General Court suggests, howeve...

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No More Cakes and Ale in RSC Dilution Case

Dilution went under the microscope again in a recent case involving ROYAL SHAKESPEARE for beers and other drinks. Although far from its usual stage, the Royal Shakespeare...

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Snippets Autumn 2012

Two recent cases decided by the European Court of Justice, Alfred Strigl v Deutsches Patent-und Markenamt (C-90/11) and Securvita v Öko-Invest (C-91/11)), provide an impo...

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in the uk office

Titles as Trademarks After THRILLER

These days, music fans (real and fictional) endlessly cover hit records with their own versions on YouTube. Just ask the US swimming team, or indeed Cookie Monster, about...

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uk court diary

Early View on Merits in Waist Watchers

The cost of litigating in the streamlined Patent County Court can be vastly lower than in the High Court. Yet, regardless of forum, costs are always wasted when parties p...

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PCC Kicks GLEE Up to High Court

Davids who stand up to Goliaths typically attract sympathy. That may not necessarily apply, however, when David started the fight and can punch above his weight. This rea...

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domain name matters

Delay Spells Danger in Cybersquatting Disputes

Delay is typically no friend to claimants. Yet in domain name disputes, it is a frequent factor. All too often delay in bringing a complaint is unexplained, and the passa...

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Nominet Appeal is Final, Confirms High Court

Parties who lose .uk domain name cases at Nominet cannot take their game to another court. So concluded the High Court recently in Michael Toth v Emirates [2012] EWHC 517...

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jenkins news & out and about

News Autumn 2012

Launch of Maucher Börjes Jenkins in Germany Jenkins is pleased to announce the merger of its German practice with Maucher, Börjes & Kollegen of Freiburg im Breisgau,...

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