The EU Court of Justice sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU trade mark GalleryThe EU Court of Justice sets aside the judgment of the General Court and annuls the EUIPO decision which confirmed registration of the shape of the Rubik’s Cube as an EU trade mark
The refusal to recognise hallmarks for precious metals affixed by a Member State assay office infringes EU law
The Commission brought an action before the Court of Justice against the Czech Republic for failure to fulfil obligations, on the ground that the Czech Republic refuses to recognise the hallmarks for precious metals affixed by WaarborgHolland, an independent assay office in the Netherlands. The Commission complains that the Czech Read More
European Commission launches EU-U.S. Privacy Shield
On 2 February 2016 the European Commission and the U.S. Government reached a political agreement on a new framework for transatlantic exchanges of personal data for commercial purposes: the EU-U.S. Privacy Shield (see IP/16/216). The Commission presented the draft decision texts on 29 February 2016. Following the opinion of the article Read More
The Court of Justice declares that the Commission’s US Safe Harbour Decision is invalid
In today’s Judgment in Case C-362/14 Maximillian Schrems v Data Protection Commissioner the Court rules that whilst the Court of Justice alone has jurisdiction to declare an EU act invalid, where a claim is lodged with the national supervisory authorities they may, even where the Commission has adopted a decision finding that Read More
European Union approves the Convention of 30 June 2005 on Choice of Court Agreements
H.E. Mr Maris Klišans, Ambassador of the Republic of Latvia, signed and deposited the instrument of approval of the 2005 Choice of Court Convention on behalf of the European Union, as the Republic of Latvia currently holds the rotating presidency of the Council of the European Union. The approval of Read More
The General Court confirms that there exists a likelihood of confusion between the figurative and word sign Skype and the word mark Sky
In 2004 and 2005 Skype applied to the Office for Harmonisation in the Internal Market (OHIM) for registration of the figurative and word signs SKYPE as a Community trade mark for audiovisual goods, telephony and photography goods and computer services relating to software or to the creation or hosting of Read More
An insurance contract must set out transparently, in plain, intelligible language, the functioning of the insurance arrangements
The Unfair Terms in Consumer Contracts Directive (see Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts) provides that consumers are not bound by unfair clauses that are set out in a contract concluded with a seller or supplier. However, according to that directive, the assessment Read More
The Principality of Monaco cannot benefit from the protection of the trade mark MONACO in the EU in respect of certain goods and services
The word “monaco” designates the origin or geographical destination of the goods and services concerned and is devoid of distinctive character. In 2010, the government of the Principality of Monaco was granted, by the World Intellectual Property Organisation (WIPO), an international registration covering the territory of the EU. That registration, Read More