Case C-557/16, Astellas Pharma – measuring the data exclusivity period on a marketing authorisation [judgment 2018, ECLI:EU:C:2018:181]
By judgment of 14 March 2018 (ECLI:EU:C:2018:181) the Court ruled, in the words of the operative part: “1.
Field of law
IP law
90 case reports
Case C-397/16, Acacia – the replica wheel deal [judgment 2017, ECLI:EU:C:2017:992]
By judgment of 20 December 2017 (ECLI:EU:C:2017:992) the Court ruled, in the words of the operative part: “1.
Case C-425/16, Raimund – mulling over infringement before invalidity in trade mark procedural law [judgment 2017, ECLI:EU:C:2017:776]
By judgment of 19 October 2017 (ECLI:EU:C:2017:776) the Court ruled, in the words of the operative part: “1.
Case C-393/16, Comité Interprofessionnel du Vin de Champagne – against German Champagne Sorbet not from the French Champagne [judgment 2017, ECLI:EU:C:2017:991]
By judgment of 20 December 2017 (ECLI:EU:C:2017:991) the Court held that selling "Champagner Sorbet" does not unlawfully exploit the PDO's reputation if the product has, as an essential characteristic, a taste attributable primarily to champagne; absent…
Case C-395/16, DOCERAM – they DoCeram-ics but technical functionality dictates their design [judgment 2018, ECLI:EU:C:2018:172]
By judgment of 8 March 2018 (ECLI:EU:C:2018:172) the Court ruled, in the words of the operative part: “1.
Case C-341/16, Hanssen Beleggingen – exclusive court jurisdiction in trade mark validity proceedings [judgment 2017, ECLI:EU:C:2017:738]
By judgment of 5 October 2017 (ECLI:EU:C:2017:738) the Court ruled, in the words of the operative part: “Article 22(4) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and…
Case C-194/16, Bolagsupplysningen – objecting to Swedish internet trolls [judgment 2017, ECLI:EU:C:2017:766]
By Grand Chamber judgment of 17 October 2017 (ECLI:EU:C:2017:766) the Court held that a legal person claiming injury from online publications may sue for its entire damage where it has its centre of interests, and that claims for rectification and removal…
Case C-177/16, Autortiesību un komunicēšanās konsultāciju aģentūra – the dominant position of a copyright collecting society [judgment 2017, ECLI:EU:C:2017:689]
By judgment of 14 September 2017 (ECLI:EU:C:2017:689) the Court ruled, in the words of the operative part: “1.
Case C-163/16, Louboutin – shoe soles, signs solely comprising a shape, and judicial cobblers [judgment 2018, ECLI:EU:C:2018:423]
On 12 June 2018 the Court ruled (ECLI:EU:C:2018:423) that a mark consisting of a colour applied to the sole of a shoe is not a sign consisting "exclusively of the shape" within Article 3(1)(e)(iii) of the Trade Marks Directive — the red sole is principally…
Case C-169/15, Montis Design – EU copyright and Benelux design formalities, a game of musical chairs? [judgment 2016, ECLI:EU:C:2016:790]
By judgment of 20 October 2016 (ECLI:EU:C:2016:790) the Court held that the terms of protection in the Term Directive do not apply to copyright that had been extinguished before 1 July 1995, and that EU law does not preclude national legislation under…
Case C-654/15, Länsförsäkringar – no genuine use of a Community trade mark [judgment 2016, ECLI:EU:C:2016:998]
By judgment of 21 December 2016 (ECLI:EU:C:2016:998) the Court held that during the five-year grace period after registration the proprietor of an EU trade mark may rely on Article 9(1)(b) against a similar sign for identical or similar goods without…
Case C-24/16, Nintendo – jurisdiction by design [judgment 2017, ECLI:EU:C:2017:724]
On 27 September 2017 the Court ruled (ECLI:EU:C:2017:724) that where co-defendants in different Member States are sued over the same supply chain, a Community-design court can grant remedies with EU-wide effect against both.
Case C-617/15, Hummel Holding – international jurisdiction and Community trade mark law [judgment 2017, ECLI:EU:C:2017:390]
By judgment of 18 May 2017 (ECLI:EU:C:2017:390) the Court held that a legally distinct second-tier subsidiary with a seat in a Member State is an "establishment" of its non-EU parent for Article 97(1) of the Community Trade Mark Regulation where it is a…
Case C-419/15, Thomas Philipps – licensees and standing [judgment 2016, ECLI:EU:C:2016:468]
By judgment of 22 June 2016 (ECLI:EU:C:2016:468) the Court ruled, in the words of the operative part: “1.
Case C-610/15, Stichting Brein – seeking website blocks to stop peer to peer technology [judgment 2017, ECLI:EU:C:2017:456]
On 14 June 2017 the Court ruled (ECLI:EU:C:2017:456) that the operators of The Pirate Bay themselves make a communication to the public by indexing and managing torrents of protected works, despite the content sitting on users' machines.
Case C-494/15, Tommy Hilfiger – imposing online market rules onto market lessors [judgment 2016, ECLI:EU:C:2016:528]
On 7 July 2016 the Court ruled (ECLI:EU:C:2016:528) that the operator of a physical marketplace which sublets pitches to traders selling counterfeits is an "intermediary" under Article 11 of the Enforcement Directive, and injunctions against it are subject…
Case A-2/15, The EU-Singapore Free Trade Agreement – a mixed agreement?
In October 2014, the EU and Singapore concluded a free trade agreement. However, there is uncertainty surrounding how to classify the legal agreement. That is to say, is it an agreement which the EU has exclusive competence to sign and … Continue reading → Continue reading →
Case A-3/15, The Marrakesh Treaty – disability, copyright and exclusive competence for the EU?
The European Commission has asked the CJEU for a legal opinion on whether the EU has exclusive competence to conclude the Marrakesh Treaty, which aims to help people with reading difficulties access published works. Background On 21 October 2014, the EU Commission published its ‘Proposal for a…
Case C-310/15, Deroo-Blanquart – wanting the naked hardware not the pre-installed software [judgment 2016, ECLI:EU:C:2016:633]
By judgment of 7 September 2016 (ECLI:EU:C:2016:633) the Court ruled, in the words of the operative part: “1.
Case C-301/15, Soulier and Doke – objecting to a French out-of-print-book scheme [judgment 2016, ECLI:EU:C:2016:878]
By judgment of 16 November 2016 (ECLI:EU:C:2016:878) the Court held that the French scheme licensing digital exploitation of out-of-print books precluded authors' exclusive rights: consent may sometimes be implicit, but only where every author is actually…
Case C-297/15, Ferring Lægemidler – artificially segmenting the market in laxatives? [judgment 2016, ECLI:EU:C:2016:857]
By judgment of 10 November 2016 (ECLI:EU:C:2016:857) the Court ruled, in the words of the operative part: “Article 7(2) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States…
Case C-367/15, Stowarzyszenie “Oławska Telewizja Kablowa – punitive damages and copyright infringers [judgment 2017, ECLI:EU:C:2017:36]
By judgment of 25 January 2017 (ECLI:EU:C:2017:36) the Court held that Article 13 of the Enforcement Directive does not preclude national legislation allowing a copyright holder to claim, without proving actual loss, a lump sum of twice the hypothetical…
Case C-275/15, ITV Broadcasting [No. 2] – access to cable of broadcasting services [judgment 2017, ECLI:EU:C:2017:144]
On 1 March 2017 the Court ruled (ECLI:EU:C:2017:144) that Article 9 of the InfoSoc Directive — provisions concerning "access to cable of broadcasting services" — does not cover national legislation permitting the immediate retransmission by cable,…
Case C-174/15, Vereniging Openbare Bibliotheken – ebooks via Dutch public libraries [judgment 2016, ECLI:EU:C:2016:856]
On 10 November 2016 the Court ruled (ECLI:EU:C:2016:856) that the public-lending exception can cover the lending of e-books on the one-copy-one-user model, digital lending being within the Rental and Lending Directive.
Case C-117/15, Reha Training – communicating copyright protected works not to the public but to private patients [judgment 2016, ECLI:EU:C:2016:379]
On 31 May 2016 the Grand Chamber ruled (ECLI:EU:C:2016:379) that the operator of a rehabilitation centre showing TV broadcasts on screens in its waiting and training rooms communicates works to the public and must pay the collecting societies — aligning…
Case C-490/14, Verlag Esterbauer – a map is not a database [judgment 2015, ECLI:EU:C:2015:735]
By judgment of 29 October 2015 (ECLI:EU:C:2015:735) the Court held that geographical data extracted from a topographic map retain sufficient autonomous informative value to be "independent materials", so a map can constitute a database within the Database…
Case C-110/15, Nokia Italia – professional-use media equipment and Italian private-copy rules [judgment 2016, ECLI:EU:C:2016:717]
By judgment of 22 September 2016 (ECLI:EU:C:2016:717) the Court ruled, in the words of the operative part: “EU law, in particular Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of…
Case C-99/15, Liffers – wanting money for moral prejudice too [judgment 2016, ECLI:EU:C:2016:173]
On 17 March 2016 the Court ruled (ECLI:EU:C:2016:173) that a rightholder claiming damages on the hypothetical-royalty basis of Article 13(1)(b) of the Enforcement Directive may additionally claim compensation for moral prejudice — the licence-fee measure…
Case C-160/15, GS Media – Porn! Hyperlinked and Hyperleaked! [judgment 2016, ECLI:EU:C:2016:644]
On 8 September 2016 the Court ruled (ECLI:EU:C:2016:644) that posting a hyperlink to works published online without the rightholder's consent is a communication to the public where the poster knew or ought to have known of the illegality.
Case C-75/15, Viiniverla – the ‘ados’ in Verlados does not evoke Calvados [judgment 2016, ECLI:EU:C:2016:35]
By judgment of 21 January 2016 (ECLI:EU:C:2016:35) the Court held that "evocation" of a protected geographical indication is assessed by reference to the average European consumer, not only the national public — and that the Finnish story of the Verla…
Case C-57/15, United Video Properties – denying reasonable and proportionate legal costs [judgment 2016, ECLI:EU:C:2016:611]
On 28 July 2016 the Court ruled (ECLI:EU:C:2016:611) that Article 14 of the Enforcement Directive precludes flat-rate schemes which cap recoverable lawyers' fees so low that the winning party is not assured recovery of at least a significant and…
Case C-481/14, Jørn Hansson – Daisy! Daisy! Give me eight answers do! [judgment 2016, ECLI:EU:C:2016:419]
By judgment of 9 June 2016 (ECLI:EU:C:2016:419) the Court held that "reasonable compensation" for infringing a Community plant variety right covers the fee that would have been due for licensed production plus damage actually suffered, but includes no…
Case C-442/14, Bayer CropScience – Bee deaths? Buzz Off! The data requested is confidential [judgment 2016, ECLI:EU:C:2016:890]
By judgment of 23 November 2016 (ECLI:EU:C:2016:890) the Court ruled, in the words of the operative part: “1.
Case C-484/14, McFadden – a mere conduit? [judgment 2016, ECLI:EU:C:2016:689]
On 15 September 2016 the Court ruled (ECLI:EU:C:2016:689) that a shopkeeper offering free open Wi-Fi provides a "mere conduit" service and cannot be held liable in damages for users' infringements.
Case C-470/14, EGEDA – will a state-financed ‘private copy’ scheme deliver fair compensation? [judgment 2016, ECLI:EU:C:2016:418]
By judgment of 9 June 2016 (ECLI:EU:C:2016:418) the Court held that fair compensation for private copying may not be financed from the general state budget in a way that cannot ensure the cost is ultimately borne by the users of the private-copying exception.
Case C-379/14, TOP Logistics – from lex mercatoria to lex markatoria? [judgment 2015, ECLI:EU:C:2015:497]
By judgment of 16 July 2015 (ECLI:EU:C:2015:497) the Court ruled, in the words of the operative part: “Article 5 of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks must be…
Case C-242/14, Saatgut-Treuhandverwaltung – Community plant rights after the barley mow [judgment 2015, ECLI:EU:C:2015:422]
By judgment of 25 June 2015 (ECLI:EU:C:2015:422) the Court ruled, in the words of the operative part: “In order to be able to benefit from the derogation provided for in Article 14 of Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant…
Case C-325/14, SBS Belgium – broadcasting via third parties [judgment 2015, ECLI:EU:C:2015:764]
By judgment of 19 November 2015 (ECLI:EU:C:2015:764) the Court held that a broadcaster which transmits its programme signals exclusively by direct injection to distributors, without the signals being accessible to the public during that transmission, does…
Case C-215/14, Nestlé – getting into the groove with three-dimensional trade marks [judgment 2015, ECLI:EU:C:2015:604]
By judgment of 16 September 2015 (ECLI:EU:C:2015:604) the Court held that to register a shape on acquired distinctiveness the applicant must prove that the relevant public identifies origin by that mark alone — not by it in combination with other marks on…
Case C-147/14, Loutfi – Arabic words in Arabic and Latin scripts under EU trade mark law [judgment 2015, ECLI:EU:C:2015:420]
By judgment of 25 June 2015 (ECLI:EU:C:2015:420) the Court held that where an EU trade mark and a contested sign contain a dominant Arabic word in both Latin and Arabic script, and the relevant public has a basic knowledge of written Arabic, the meaning…
Case C-572/13, Hewlett-Packard Belgium – objecting to a Belgian copyright rule ‘the faster the printer, the more you owe’ [judgment 2015, ECLI:EU:C:2015:750]
By judgment of 12 November 2015 (ECLI:EU:C:2015:750) the Court ruled, in the words of the operative part: “1.
Case C-20/14, BGW Marketing- & Management-Service – a trade marked dominant sequence of letters [judgment 2015, ECLI:EU:C:2015:714]
By judgment of 22 October 2015 (ECLI:EU:C:2015:714) the Court ruled, in the words of the operative part: “Article 4(1)(b) of Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States…
Case C-41/14, Christie’s France – the single market in reselling art works ‘Going! Going! Gone!’ [judgment 2015, ECLI:EU:C:2015:119]
By judgment of 26 February 2015 (ECLI:EU:C:2015:119) the Court held that the Resale Right Directive does not preclude the person liable for the artist's royalty, designated by national law, from agreeing with anyone else — including the buyer — that the…
Case C-30/14, Ryanair – grounding a go compare an airfare website [judgment 2015, ECLI:EU:C:2015:10]
By judgment of 15 January 2015 (ECLI:EU:C:2015:10) the Court held that the Database Directive does not apply to a database protected neither by copyright nor by the sui generis right, so its user-freedom guarantees (Articles 6, 8 and 15) do not override…
Case C-681/13, Diageo Brands – spiriting away bad judgments with public policy [judgment 2015, ECLI:EU:C:2015:471]
By judgment of 16 July 2015 (ECLI:EU:C:2015:471) the Court held that an alleged misapplication of EU trade-mark law by a court of the Member State of origin does not engage the public-policy refusal ground of Article 34(1) of Brussels I: recognition may be…
Case C-580/13, Coty Germany – does fake toilet water flush bank confidentiality down the pan? [judgment 2015, ECLI:EU:C:2015:485]
By judgment of 16 July 2015 (ECLI:EU:C:2015:485) the Court ruled, in the words of the operative part: “Article 8(3)(e) of Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights…
Case C-516/13, Dimensione Direct Sales and Labianca – furniture adverts and the distribution right in copyright law [judgment 2015, ECLI:EU:C:2015:315]
By judgment of 13 May 2015 (ECLI:EU:C:2015:315) the Court ruled, in the words of the operative part: “Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and…
Case C-539/13, Merck Canada – prior notification under the Specific Agreement [judgment 2015, ECLI:EU:C:2015:87]
By judgment of 12 February 2015 (ECLI:EU:C:2015:87) the Court ruled, in the words of the operative part: “1.
Case C-458/13, Grund and others – video games and technological protection mechanisms
Are the ‘technological protection mechanisms’ used to protect video-games and video-consoles governed by the EU’s InfoSoc Directive 2001/29/EC or the EU’s Software Directive 2009/24/EC? Facts The claimants develop, produce and sell video-games and video-games consoles including the Nintendo DS…
Case C-420/13, Netto Marken Discount – trade mark protection for retailers trading in services? [judgment 2014, ECLI:EU:C:2014:2069]
By judgment of 10 July 2014 (ECLI:EU:C:2014:2069) the Court ruled, in the words of the operative part: “1.
Case C-421/13, Apple – seeking trade mark protection for the layout and design of a retail store [judgment 2014, ECLI:EU:C:2014:2070]
By judgment of 10 July 2014 (ECLI:EU:C:2014:2070) the Court held that the representation of a retail store's layout, by a design alone without size indications, may be registered as a trade mark for services consisting of offerings related to the goods…
Case C-345/13, Karen Millen Fashions – establishing the individual character of the design of a striped shirt [judgment 2014, ECLI:EU:C:2014:2013]
On 19 June 2014 the Court ruled (ECLI:EU:C:2014:2013) that the individual character of an unregistered Community design is assessed against specific earlier designs individually, not against a combination of features drawn from several — and that the…
Case C-419/13, Art & Allposters International – from paper art poster to canvas picture [judgment 2015, ECLI:EU:C:2015:27]
On 22 January 2015 the Court ruled (ECLI:EU:C:2015:27) that distribution-right exhaustion applies only to the tangible object placed on the market with the rightholder's consent — transferring the ink of a lawfully bought paper poster onto canvas creates a…
Case C-98/13, Martin Blomqvist – deliberately purchasing a fake Rolex from China [judgment 2014, ECLI:EU:C:2014:55]
By judgment of 6 February 2014 (ECLI:EU:C:2014:55) the Court held that customs may seize a counterfeit watch bought by an EU resident from a non-EU online shop: the sale itself constitutes "distribution to the public" and "use in the course of trade", with…
Case C-348/13, BestWater International – objecting to the embedding of videos [order 2014, ECLI:EU:C:2014:2315]
By reasoned order of 21 October 2014 (ECLI:EU:C:2014:2315) the Court applied Svensson to framing: embedding a work already freely available online with the rightholder's consent is not a communication to a new public and needs no fresh authorisation,…
Case C-205/13, Hauck – the evolving shape of trade mark law [judgment 2014, ECLI:EU:C:2014:2233]
On 18 September 2014 the Court ruled (ECLI:EU:C:2014:2233) on the Tripp Trapp chair that the "nature of the goods" exclusion covers shapes with essential characteristics inherent to the generic function of the product, and the "substantial value" exclusion…
Case C-117/13, Technische Universität Darmstadt – introducing modern EU copyright law [judgment 2014, ECLI:EU:C:2014:2196]
On 11 September 2014 the Court ruled (ECLI:EU:C:2014:2196) that Member States may permit libraries to digitise works in their collections in order to make them available at dedicated terminals, even where the publisher offers licence agreements.
Case C-279/13, C More Entertainment – skating on thin ice with embedded links in EU copyright law [judgment 2015, ECLI:EU:C:2015:199]
On 26 March 2015 the Court ruled (ECLI:EU:C:2015:199) that Article 3(2) of the InfoSoc Directive does not preclude Member States from extending broadcasters' related rights to communications to the public such as live internet transmissions of sporting…
Case C-170/13, Huawei Technologies – synchronising FRAND across the EU [judgment 2015, ECLI:EU:C:2015:477]
By judgment of 16 July 2015 (ECLI:EU:C:2015:477) the Court laid down the framework that has governed FRAND litigation ever since: the holder of a standard-essential patent who gave a FRAND commitment does not abuse its dominance by seeking an injunction…
Case C-201/13, Johan Deckmyn – parody in EU law [judgment 2014, ECLI:EU:C:2014:2132]
On 3 September 2014 the Grand Chamber ruled (ECLI:EU:C:2014:2132) that parody is an autonomous concept of EU law with only two essential characteristics: it evokes an existing work while being noticeably different from it, and it constitutes an expression…
Case C-217/13, Oberbank – seeing trade marked red in financial affairs [judgment 2014, ECLI:EU:C:2014:2012]
By judgment of 19 June 2014 (ECLI:EU:C:2014:2012) the Court ruled, in the words of the operative part: “1.
Case C-351/12, OSA – EU copyright law checks in for a long stay at a health spa [judgment 2014, ECLI:EU:C:2014:110]
On 27 February 2014 the Court ruled (ECLI:EU:C:2014:110) that a spa establishment transmitting broadcasts to televisions in guest rooms performs a communication to the public, and that no health-establishment exception can excuse it.
Case C-613/12, Helm Düngemittel – certifying the origin of a cargo from Egypt [judgment 2014, ECLI:EU:C:2014:52]
By judgment of 6 February 2014 (ECLI:EU:C:2014:52) the Court ruled, in the words of the operative part: “The Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Arab…
Case C-12/12, Colloseum Holding – red flagging jeans, use and composite marks in trade mark law [judgment 2013, ECLI:EU:C:2013:253]
By judgment of 18 April 2013 (ECLI:EU:C:2013:253) the Court ruled, in the words of the operative part: “The condition of genuine use of a trade mark, within the meaning of Article 15(1) of Council Regulation (EC) No 40/94 of 20 December 1993 on the…
Case C-583/12, Sintax Trading – who decides whether imported goods infringe design rights? [judgment 2014, ECLI:EU:C:2014:244]
On 9 April 2014 the Court ruled (ECLI:EU:C:2014:244) that Regulation 1383/2003 does not preclude customs authorities themselves, absent any initiative by the rightholder, from initiating and conducting the proceedings to determine whether detained goods…
Case C-466/12, Svensson – hyperlinks and communicating works to the public [judgment 2014, ECLI:EU:C:2014:76]
On 13 February 2014 the Court ruled (ECLI:EU:C:2014:76) that a clickable link to a work freely available on another website is not a communication to a "new public" and therefore needs no authorisation; it is otherwise where the link circumvents access…
Case C-473/12, IPI – creating an Hercule Poirot exception to EU data processing law? [judgment 2013, ECLI:EU:C:2013:715]
By judgment of 7 November 2013 (ECLI:EU:C:2013:715) the Court ruled, in the words of the operative part: “Article 13(1) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to…
Case C-479/12, H. Gautzsch Großhandel – canopied gazebos and unregistered Community designs [judgment 2014, ECLI:EU:C:2014:75]
By judgment of 13 February 2014 (ECLI:EU:C:2014:75) the Court ruled, in the words of the operative part: “1.
Case C-463/12, Copydan Båndkopi – Danish private-copy ‘fair compensation’ and EU copyright law [judgment 2015, ECLI:EU:C:2015:144]
By judgment of 5 March 2015 (ECLI:EU:C:2015:144) the Court accepted that private-copying levies may be charged on multifunctional media such as mobile-phone memory cards, subject to a battery of conditions: harm above a minimal threshold, no levy where…
Case C-521/11, Amazon – Austrian private-copy ‘fair compensation’ and EU copyright law [judgment 2013, ECLI:EU:C:2013:515]
By judgment of 11 July 2013 (ECLI:EU:C:2013:515) the Court held that indiscriminately levying blank media placed on the market for business purposes is permissible only if the scheme provides an effective and non-excessive right to reimbursement; a…
Case C-435/12, ACI Adam – calculating private-copy ‘fair compensation’ in EU copyright law [judgment 2014, ECLI:EU:C:2014:254]
On 10 April 2014 the Court ruled (ECLI:EU:C:2014:254) that the private-copying exception does not cover reproductions from unlawful sources, and that levy systems must not factor unlawful copying into the fair compensation collected from everyone — a Dutch…
Case C-409/12, Backaldrin Österreich The Kornspitz Company – when the name of a bread roll is common for consumers but uncommon for traders [judgment 2014, ECLI:EU:C:2014:130]
By judgment of 6 March 2014 (ECLI:EU:C:2014:130) the Court held that a trade mark may be revoked where it has become the common name of the product for end users alone, even if sellers remain aware of its origin — and that an owner's failure to encourage…
Case C-387/12, Hi Hotel – jurisdiction and participation in copyright infringement [judgment 2014, ECLI:EU:C:2014:215]
By judgment of 3 April 2014 (ECLI:EU:C:2014:215) the Court held that where several supposed perpetrators of copyright damage acted in different Member States, Article 5(3) of Brussels I does not give jurisdiction at the causal-event place over a defendant…
Case C-360/12, Coty Prestige Lancaster Group – jurisdiction and participation in trade mark infringement [judgment 2014, ECLI:EU:C:2014:1318]
On 5 June 2014 the Court ruled (ECLI:EU:C:2014:1318) that jurisdiction under Article 93(5) of the Community Trade Mark Regulation lies only in the Member State where the defendant itself committed the alleged infringement, and cannot be founded on another…
Case C-416/12, Wikom Elektrik – can a broadcasting company stop a communication to the public by cable of their broadcast?
For the purposes of Article 3(1) of the InfoSoc Directive 2001/29/EC, an author has the right to prohibit a communication to the public of his work by cable but does a broadcaster have such a right in respect of their broadcasts? Facts In the surroundings of Bernau bei Berlin people can receive…
Case C-355/12, Nintendo – a proportionate response to game piracy or an unjust market foreclosure? [judgment 2014, ECLI:EU:C:2014:25]
By judgment of 23 January 2014 (ECLI:EU:C:2014:25) the Court held that technological protection measures spanning both consoles and game media enjoy legal protection, but only within proportionality: the national court must examine whether comparable…
Case C-320/12, Malaysia Dairy Industries – an EU definition of trade mark bad faith? [judgment 2013, ECLI:EU:C:2013:435]
By judgment of 27 June 2013 (ECLI:EU:C:2013:435) the Court ruled, in the words of the operative part: “1.
Case C-299/12, Green-Swan Pharmaceuticals – a forbidden health claim benefiting from a transitional exception? [judgment 2013, ECLI:EU:C:2013:501]
By judgment of 18 July 2013 (ECLI:EU:C:2013:501) the Court ruled, in the words of the operative part: “1.
Case C-314/12, UPC Telekabel Wien – a proportionate stop to people watching Vicky the Viking on a website? [judgment 2014, ECLI:EU:C:2014:192]
On 27 March 2014 the Court ruled (ECLI:EU:C:2014:192) that an access provider whose services are used to infringe copyright is an "intermediary" that may be enjoined, and that an outcome-based blocking injunction — leaving the choice of measures to the ISP…
Case A-001/12, ACTA – is an international IP law trade agreement compatible with EU law?
The EU Commission has asked the Court of Justice of the European Union whether the Anti-Counterfeiting Trade Agreement (ACTA) complies with the EU law. Facts ACTA is the acronym for the Anti-Counterfeiting Trade Agreement. It is a treaty supplementing another key piece of international law…
Case C-252/12, Specsavers – seeing trade marks green with envy? [judgment 2013, ECLI:EU:C:2013:497]
By judgment of 18 July 2013 (ECLI:EU:C:2013:497) the Court ruled, in the words of the operative part: “1.
Case C-65/12, Leidseplein Beheer – trade mark elements of Bull, due cause, and prior use in good faith [judgment 2014, ECLI:EU:C:2014:49]
On 6 February 2014 the Court ruled (ECLI:EU:C:2014:49) in Red Bull v De Vries that "due cause" under Article 5(2) of the Trade Marks Directive can cover a third party's use of a similar sign that was already being used in good faith for identical goods…
Case C-518/11, UPC – competition and local authority intervention in pricing cable TV [judgment 2013, ECLI:EU:C:2013:709]
By judgment of 7 November 2013 (ECLI:EU:C:2013:709) the Court ruled, in the words of the operative part: “1.
Case C-210/12, Sumitomo Chemical – insecticide and an SPC application [judgment 2013, ECLI:EU:C:2013:665]
On 17 October 2013 the Court ruled (ECLI:EU:C:2013:665) that a supplementary protection certificate cannot be granted on the basis of an emergency marketing authorisation issued under Article 8(4) of the Plant Protection Directive; only a definitive (or…
Case C-137/12, Commission v Council – exclusive competence in conditional access services? [judgment 2013, ECLI:EU:C:2013:675]
By judgment of 22 October 2013 (ECLI:EU:C:2013:675) the Court annulled the Council's decision on signing the European Convention on the legal protection of conditional-access services: the Convention falls principally within the common commercial policy,…
Case C-131/12, Google Spain – the right to be forgotten [judgment 2014, ECLI:EU:C:2014:317]
On 13 May 2014 the Grand Chamber delivered one of the most consequential judgments in EU law (ECLI:EU:C:2014:317): a search engine is a controller processing personal data when it indexes the web, the Directive reached Google through its Spanish…
Case C-170/12, Pinckney – where is the harm with an Internet sales offer? [judgment 2013, ECLI:EU:C:2013:635]
By judgment of 3 October 2013 (ECLI:EU:C:2013:635) the Court held that in online copyright cases Article 5(3) of Brussels I gives jurisdiction to the courts of a Member State which protects the copyright relied on and where the website is accessible — no…
Case C-202/12, Innoweb – search engines copying insubstantial parts of a website [judgment 2013, ECLI:EU:C:2013:850]
By judgment of 19 December 2013 (ECLI:EU:C:2013:850) the Court held that a dedicated meta search engine which translates users' queries in real time into the search engine of a protected database re-utilises the whole or a substantial part of that database…
Case C-2/12, Trianon Productie – trade marks and 3D shapes
Can the particular shape of a chocolate stick be protected under the EU Trade Mark Directive 89/104? Facts Both the claimant and defendant companies make chocolate-sticks. In 1998 the defendant French company, Revillon, began making theirs in the form of ‘un sarment de vigne’ – a vine-shoot. The…
Case C-657/11, Belgian Electronic Sorting Technology – does a domain name advertise? [judgment 2013, ECLI:EU:C:2013:516]
On 11 July 2013 the Court ruled (ECLI:EU:C:2013:516) that "advertising" in the Misleading and Comparative Advertising Directive covers the use of a competitor-referencing domain name and of metatags invisible to the eye but read by search engines — while…