News:

1. Dr. Jochen Pagenberg celebrated his 65th birthday
Reported by Dr. Frank Peterreins

Patent Law:

2. Questions on the Patentability of Human Stem Cells before the Enlarged Board of Appeal of the EPO
Reported by Dr. Rudolf Teschemacher  

3. Federal Supreme Court holds that trading companies are generally liable for damages if they distribute infringing products (“Melanie” – X ZR 93/04)
Reported by Dr. Frank Peterreins

4. Federal Supreme Court on non-infringing advertisement on the internet by including a (valid!) disclaimer with respect to protected countries (“drug advertising on the internet” - “Arzneimittelwerbung im Internet” – I ZR 24/03)
Reported by Dr. Frank Peterreins

Trademark Law:

5. European Court of Justice: Trademarks bearing the name of a fashion designer who has no longer any link with the marks’ owner do not mislead the public as to the nature or quality of the goods or services (“Emanuel v Continental Shelf” – C-259/04)
Reported by Florian Traub

6. Federal Supreme Court rejects protection for German trademark “FUSSBALL WM 2006”; German trademark “WM 2006” partially cancelled (joint cases I ZB 96/05 and I ZB 97/05)
Reported by Florian Traub

7. The “Land Rush” period for the eu. domain has started on April 7, 2006. Unlike in the “Sunrise” period, when eu. domains were only available to the holders of prior rights to a name, for instance trademark holders, now domain names are obtainable to registration for anyone based in the European Union
Reported by Dr. Stefan Abel

Published on
July 2006
Author
Rudolf Teschemacher
Senior Consultant
Dr. Frank Peterreins
Florian Traub
Dr. Stefan Abel