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Schutz ohne Schutz! 9 Aug 2013 | 07:52 pm

The Supreme Court has found that a patent relating to a container comprising a cage and a bottle used for transporting liquids was not infringed by the replacement of the bottle by a third party.

Out-of-time requests and likelihood of confusion between marks containing foreign names 9 Aug 2013 | 07:52 pm

The General Court held that requests under Articles 54(2) (acquiescence) and 57(2) and (3) (proof of genuine use) of the Community Trade Mark Regulation (CTMR), made for the first time before the cour...

Seven for all mankind: assessing the likelihood of confusion 9 Aug 2013 | 07:52 pm

The Court of Justice of the European Union (CJEU) has upheld an opposition against jeans maker Seven for all mankind.

Federal Court declares Canada's 'Official Marks' scheme constitutional 9 Aug 2013 | 07:52 pm

Canada's Federal Court rejected a constitutional challenge to the ‘official marks’ scheme set out in Canada's Trade-marks Act, finding the respondent to be a public authority which had ‘adopted and us...

Parallel import of trade marked goods is legal in India, says Delhi High Court 9 Aug 2013 | 07:52 pm

Reversing the earlier Single Judge decision, the Division Bench of the Delhi High Court has legalized the parallel importation of trade mark goods into India by interpreting the Indian trade mark law ...

British courts consider the own name defence--again 9 Aug 2013 | 07:52 pm

The ‘own name’ defence to an action for trade mark infringement has had mixed success in two recent trade mark infringement actions and, though the courts employ a multifactorial assessment, in differ...

The empire strikes back: CISAC beats Commission in General Court 9 Aug 2013 | 07:52 pm

The General Court's judgments in Case T-442/08 and related cases annulled Article 3 of the Commission's 2008 decision against CISAC and 20 collecting societies, on the basis of the Commission's failur...

Piercing the corporate veil under the Copyright Act 9 Aug 2013 | 07:52 pm

A company based in Finland was held responsible for its Estonian subsidiary's failure to pay the statutory compensation for the reproduction of a work for private use.

E-books distinguished from software, not exhausted 9 Aug 2013 | 07:52 pm

According to the German Regional Court of Bielefeld, the Court of Justice of the European Union's (CJEU's) UsedSoft decision is not applicable to the resale of other digital content, and contractual p...

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