On July 2, 2020 the EU Court of Justice (Case C-684/19) has ruled on the concept of “use” of a trademark under Article 5(1) of Directive 2008/95/EC. The Court restated its view according to which trademark “use”’ involves active conduct and direct or indirect control of the act constituting the use. So that a person […]
Copyright
Court of Justice on protection of industrial design works under EU copyright law
On June 11, 2020 the EU Court of Justice (Case C-833/2018) has ruled on protection of industrial design works under EU copyright law (the product under exam was a bicycle which can be folded into three positions). Shape of a product solely dictated by a technical function cannot be covered by copyright. However, when the […]
Trademarks & Designs
EUIPO Board of Appeal on the scope of protection of well know trademarks
On May 4, 2020 the EUIPO Board of Appeal has ruled on the scope of protection of well know trademarks under Article (8)(5) EUTMR. Although the Board recognized that the opponent HUGO BOSS successfully proved that its earlier BOSS trademark enjoys a high degree of recognition among the EU public for fashion apparel, it excluded […]