The Function of a Trade Mark: Hugh Laddie and the European Court of Justice

2019 ◽  
pp. 19-36
Author(s):  
The Rt Hon Lord Leonard Hoffmann
Keyword(s):  
Trade Mark ◽  
European Court Of Justice ◽  
Court Of Justice ◽  
European Court

scholarly journals The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

2010 ◽  
Vol 58 (3) ◽  
pp. 85-90
Author(s):  
Hana Kelblová
Keyword(s):  
Consumer Protection ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Patent Office ◽  
Trade Marks ◽  
Court Of Justice ◽  
Likelihood Of Confusion ◽  
European Court ◽  
The Law

The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

THE ‘BABY-DRY’ CASE: THE MODERNISATION OF TRADE MARKS?

2002 ◽  
Vol 61 (1) ◽  
pp. 1-52
Author(s):  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
Internal Market ◽  
European Court Of Justice ◽  
Trade Marks ◽  
Court Of Justice ◽  
European Court

WHEN is a monopoly not a monopoly? Following the decision of the European Court of Justice in Case C-383/99 P Procter & Gamble v. Office for Harmonisation of the Internal Market (OHIM) [2002] E.T.M.R. 3, the answer appears to be when it is a registered trade mark.

scholarly journals Admissibility of Unconventional Trade Marks Registration within the European Court of Justice Statements

2020 ◽  
Vol 29 (4) ◽  
pp. 117
Author(s):  
Justyna Konikowska-Kuczyńska
Keyword(s):  
Graphical Representation ◽  
Trade Mark ◽  
European Court Of Justice ◽  
Property Law ◽  
Industrial Property ◽  
Trade Marks ◽  
Court Of Justice ◽  
Council Directive ◽  
European Court ◽  
Essential Change

<p class="Textbodyuser">On 16 March 2019 the amendment of the Act – the Industrial Property Law, which implemented the European Parliament and EU Council Directive 2015/2436 of 16 December 2015, aiming the rapprochement of legislation within the membership countries regarding trade marks.<strong> </strong>The essential change, that the amendment implemented is the cancellation of the necessity of graphical representation of the trade mark, what allows to simplify the registration of the unconventional trade marks. The purpose of the article is to present how the registration of unconventional trade marks looked within the light of the Luxembourg tribunal’s statements.</p>

Silhouette and the limits of free trade

1998 ◽  
Vol 57 (3) ◽  
pp. 429-471
Author(s):  
Jennifer Davis
Keyword(s):  
Trade Mark ◽  
European Court Of Justice ◽  
European Economic Area ◽  
Control Distribution ◽  
Court Of Justice ◽  
Trade Mark Infringement ◽  
Economic Area ◽  
European Court ◽  
Grey Market ◽  
The Times

EVERYBODY loves a bargain. Supermarkets have found that the sale of cut price designer goods along with the groceries gives them the edge over their rivals, when consumer spending on food is expected to slump (The Times, 22 April 1998). The catch is that trade mark proprietors, such as Calvin Klein, having nurtured brand images, in which high prices and exclusivity reinforce each other, decline to sell their goods to the supermarkets, preferring to control distribution through specialist outlets. The supermarkets' response has been to go shopping on the “grey market”: buying branded goods from third parties, which are sold more cheaply outside the European Community (EC) and the wider European Economic Area (EEA), and importing them into the EEA for resale. The issue decided by the recent judgment of the European Court of Justice, Silhouette International Schmied GmbH & Co. Kg v. Hartlauer Handelsgesellschaft mbH, Case C-355/96 (1998), was whether the importation and resale of such goods without the brand owner's consent constitutes trade mark infringement.

Fighting for Authority: Strategic Actions of National High Courts in the European Union

2019 ◽  
Vol 12 (2-2019) ◽  
pp. 419-433
Author(s):  
Stefanie Vedder
Keyword(s):  
European Union ◽  
European Court Of Justice ◽  
Eu Law ◽  
The European Union ◽  
Principal Agent Theory ◽  
Strategic Actions ◽  
High Courts ◽  
Court Of Justice ◽  
European Court ◽  
Lower Courts

National high courts in the European Union (EU) are constantly challenged: the European Court of Justice (ECJ) claims the authority to declare national standing interpretations invalid should it find them incompatible with its views on EU law. This principle noticeably impairs the formerly undisputed sovereignty of national high courts. In addition, preliminary references empower lower courts to question interpretations established by their national ‘superiors’. Assuming that courts want to protect their own interests, the article presumes that national high courts develop strategies to elude the breach of their standing interpretations. Building on principal-agent theory, the article proposes that national high courts can use the level of (im-) precision in the wording of the ECJ’s judgements to continue applying their own interpretations. The article develops theoretical strategies for national high courts in their struggle for authority.

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