Searching Content indexed under Trademark by NautaDutilh ordered by Published Date Descending.
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Luxembourg Tax Regime For IP Income Also Applies To Revenues From Unregistered Designs
The Grand-Duchy of Luxembourg has adopted an article 50bis in the Income Tax Act 1967 at the end of 2007.
24 Mar 2014
Combatting Online Trademark Abuse: The Court Of Justice Strenghtens Trademark Holders' Arsenal
While offering trademark holders unparalleled marketing opportunities, the Internet also allows competitors to ride on their coattails.
3 Jan 2014
Changes At The Benelux Office For Intellectual Property - English To Be Introduced As A "Working Language"
As from 1 October 2013 several changes will take effect in the Benelux, which will enhance harmonization, improve efficiency, increase user-friendliness and update the regulations to reflect current times.
3 Oct 2013
The .lu Domain Name Registry Introduces A Domain Name Freezing Procedure
As from 11 June 2013, DNS-LU will allow claimants to introduce a request to "freeze" a given .lu domain name, meaning that the domain name cannot be traded to someone else for an initial period of 1 year.
20 May 2013
Dutch Supreme Court Refers Questions To CJEU On "Substantial Value" And "Nature Of The Goods" In Relation To 3D Marks
A discussion on the unresolved questions of trade mark law, and under what circumstances a shape mark is ineligible for protection.
24 Apr 2013
Further Expansion Of The Madrid Community
A discussion on international trademark registration, which can be a viable solution, as an increasing number of countries have decided to join the Madrid system.
26 Feb 2013
What's Next After The IP Translator Decision By The European Court Of Justice?
The IP Translator case decided by the European Court of Justice on 19 June 2012 already raised much interest and OHIM even changed its practice overnight after the decision of the ECJ.
European Union
16 Jul 2012
Clarification On Various Legal Concepts In The Community Design Regulation In The First ECJ Decision On Community Design Rights: The Promer-Pepsico "Pogs" Case
The CD Regulation provides that a design will be protected as a Community Design to the extent that it is "new" and has "individual character". A design will be considered to be new if no identical design has been made available to the public (in the case of a registered Community design) before the date of filing of the application for registration of the design for which protection is claimed, or, if priority is claimed, the date of priority.
8 Feb 2012
CJEU To Decide On Essential Value Of 3D Marks
One of the still unresolved questions of trade mark law is under what circumstances a shape mark is not eligible for protection because it consists of a shape that gives substantial value to the products for which protection is sought.
18 Jan 2012
Yes You Can: The Mere Filling Of Packagings Bearing Infringing Marks Does Not Qualify As Trade Mark Use
This last Newsflash of 2011 deals with drinks and relates to the decision of the Court of Justice of the European Union on the filling of packaging bearing infringing marks. Mere filling does not qualify as trade mark use, says the Court.
4 Jan 2012
CJEU Establishes Framework For Use Of Trade Marks In Keyword Advertising
Keyword advertising – the best-known example of which is Google AdWords – is a new and promising way of promoting a business.
20 Dec 2011
CJEU Judgment On Custom Actions Against Goods In Transit
A hotly debated topic in several European jurisdictions has now been decided.
9 Dec 2011
ECJ Judgment In Interflora Case
The U.S. company Interflora Inc. operates a worldwide flower-delivery network
6 Oct 2011
European Court Rules On Position ebay Regarding Sale Of Infringing Products, 12 July 2011
For several years now, L'Oréal has been combating the sale of counterfeit and other infringing products on the online marketplace eBay.
15 Jul 2011
Amsterdam Court Finds Bulgarian Trade Mark Decision To Be Contrary To Public Policy
In a judgment of 8 June 2011, the Amsterdam District Court ruled that a judgment issued by a Bulgarian court goes against public policy and thus cannot be recognized under the Brussels I Regulation.
European Union
20 Jun 2011
Court Of Justice Of The European Union Rules On Territorial Scope Injunction Based On CTM: Not Necessarily The Entire EU
In its judgment of April 12, 2011 ("DHL/Chronopost", C-235/09), the Court of Justice of the European Union ("ECJ") ruled on the scope of a trade mark injunction based on a Community trade mark. As a rule, this is stated to be the entire area of the European Union, but at the same time the ECJ notes that it may be restricted.
18 Apr 2011
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