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.
Tag
design
11 case reports
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-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-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-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-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-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-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-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-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.