Jumat, 04 Maret 2005

Latest European Reported Tm Cases


The March 2005 number of Sweet & Maxwell's monthly European Trade Mark Reports has similar a shot been published. It contains English linguistic communication versions of the next cases:

* Rolex Internet Auction (Bundesgerichtshof, Germany): next the sale of counterfeit ROLEX watches through a website, the highest High German courtroom considers the possible liability of the network service provider.

Fakes: are online sales driving out the honest crook?

* Lancome Parfums et Beaute & Cie v Kruidkat Retail BV (Amsterdam Appeal Court, the Netherlands): the replacement of genuine bar codes past times faux ones together with the repackaging of goods province the accused inwards problem every bit a copyright infringer too every bit a merchandise score one.

In addition, this number of the ETMR features about highly pregnant decisions, including

* Case C-245/02 Anheuser-Busch v Budejovicky Budvar (European Court of Justice): reference to the ECJ on the applicability of TRIPs to disputes involving merchandise names, amongst about extra piquancy inwards price of comments on merchandise score use;

Electrocoin: a rare saga of bears together with bars

* Electrocoin Automatics Ltd v Coinworld Ltd: inwards this absorbing representative Geoffrey Hobbs QC analyses the legal consequences of a really odd ready of facts together with advances his "cross-pollination" theory of merchandise score infringement.

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