When the cat kills the dog… Parody and German trademark law

In a recent decision, the German Federal Court decided that the owner of trade mark consisting of a parody to the “PUMA” trade mark must consent to his trademark being deleted (decision I ZR 59/13 of 2 April 2015). The trade mark in question consisted of the picture of a poodle jumping in the same …

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Jurisdiction of Unified Patent Court extends to non EU countries

As a new significant development in the new court system to be established, the jurisdiction of the Unified Patent Court shall extend even to non EU countries. This is due to several amendments to the “long arm jurisdiction provision” which was introduced by the Brussels I Regulation and extended by EU Regulation No. 1215/2012. These …

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Contractual claim for cease and desist also comprises the deletion of content from Google’s hit list

In its decision dated 29 January 2015 (13 U 58/14 ) the Higher Regional Court Celle held that a party that signs a cease and desist declaration with regard to certain content of its website, must also ensure through appropriate measures that the content covered by the cease and desist declaration cannot be accessed on …

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Fundamental reforms ahead for European Patent Law

The Member States of the European Union are in the process of preparing the introduction of a new European Patent with Unitary Effect and the creation of a single Unified Patent Court with divisions located all over Europe. With the realization of this patent reform package, the significance and the scope of patent litigation in …

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European Commission publishes decisions following investigations into abuse of standard-essential patents

On April 29, 2014, the European Commission published two decisions as a result of its investigations into the (alleged) abuse of standard-essential patents (SEPs) in patent litigation, in particular by seeking injunctions against competitors on the basis of SEPs. The first decision renders binding commitments offered by Samsung Electronics, not to seek injunctions in Europe …

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