Rights Conferred

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
Function Theory ◽  
Trade Mark ◽  
Article 9 ◽  
Trade Mark Law ◽  
Eu Trade Mark Law

EU trade mark law confers exclusive rights on the proprietor of a registered trade mark. It provides for three general types of protection. Article 9(2) EUTMR and Article 10(2) TMD offer protection against confusion under sub (b) (see paragraph 5.105 et seq.) and protection against dilution under sub (c) (see paragraph 5.182 et seq.). In double identity cases (identical signs used for identical goods or services), sub (a) (see paragraph 5.64 et seq.) provides for ‘absolute’ protection (recital 16 TMD) combining elements of both forms of infringement on the basis of the function theory developed by the Court.

scholarly journals Recommendation on Measures to Safeguard Freedom of Expression and Undistorted Competition in EU Trade Mark Law

2014 ◽  
Author(s):  
Martin Senftleben ◽  
Lionel A. F. Bently ◽  
Graeme B. Dinwoodie ◽  
Christophe Geiger ◽  
Jonathan Griffiths ◽  
...  
Keyword(s):  
Freedom Of Expression ◽  
Trade Mark ◽  
Trade Mark Law ◽  
Eu Trade Mark Law

Intermediary Liability and Trade Mark Infringement: A Common Law Perspective

2020 ◽  
pp. 403-420
Author(s):  
Richard Arnold
Keyword(s):  
Common Law ◽  
Case Law ◽  
Trade Mark ◽  
Trade Marks ◽  
Legal Principles ◽  
Trade Mark Infringement ◽  
Trade Mark Law ◽  
Intermediary Liability ◽  
Eu Trade Mark Law ◽  
Blocking Injunctions

This chapter discusses UK case law in the domain of intermediary liability and trade mark infringement, while situating this common law perspective within EU trade mark law, the e-Commerce Directive, and the Enforcement Directive. The chapter first describes liability stemming from legal principles which are not particular to intermediaries, including primary and accessory liability of online intermediaries for trade mark infringement. Later, the chapter reviews liability depending on the application of principles which are specific to intermediaries, the intermediary liability proper. In this context, the chapter looks into injunctions against intermediaries whose services are used to infringe trade marks that are made available in national jurisdictions under the implementation of Article 11 of the Enforcement Directive. Although other kinds of injunctions against intermediaries are available, the chapter focuses on website-blocking injunctions, which have been recently ported from the copyright domain, where they have been more traditionally deployed, to the trade mark domain.

Introduction to Procedural EU Trade Mark Law

2017 ◽  
Author(s):  
Annette Kur ◽  
Martin Senftleben
Keyword(s):  
European Union ◽  
Trade Mark ◽  
Trade Marks ◽  
Procedural Law ◽  
Trade Mark Law ◽  
Eu Trade Mark Law ◽  
The Eu

The procedural law that applies to trade marks in the EU depends on whether the mark is a European Union trade mark (EUTM), a national (or, in the case of Benelux marks, regional), or an international mark. As regards international marks, reference is made to Chapter 12.

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