Patent Law

1. German Federal Patent Court confirms that a nullity action against the German part of a European patent is not admissible as long as parallel opposition proceedings against the European patent are pending (3 Ni 7/06 [EU] – Torasemid-Kristallmodifikation/Torasemide Crystal Modification)
Reported by Dr. Wolfgang Bublak

2. German Federal Patent Court decides on morality of deriving cells from human embryonic stem (ES) cells (3 Ni 42/04 – Greenpeace v Oliver Brüstle)
Reported by Dr. Thomas Friede

Trademark Law

3. European Court of Justice: Transit of goods through the territory of a European Union Member State where a trademark is protected does not amount to infringement (Case C-281/05 – Montex v Diesel)
Reported by Dr. Alexander v. Mühlendahl

4. Court of First Instance: Registration refused for “map&guide” (Case T-483/04); likelihood of confusion: Case T-172/05 – NOMAFOAM/ARMAFOAM, Case T-483/04 – GALZIN/CALSYN, Case T-13/05 – RODA/ODA, Case T-278/04 – YUPI/YUKI, and Case T-43/05 – BROTHERS (figurative)/BROTHERS by CAMPER (figurative); no likelihood of confusion: Case T-499/04 – STENINGE KERAMIK/STENINGE SLOTT, and Joined Cases T-350/04, T-351/04 and T-352/04 – BIT and other “Bit” marks/BUD and other Anheuser-Busch “BUD” marks.
Reported by Dr. Alexander v. Mühlendahl

5. German Federal Supreme Court strengthens position of 3D mark owners by establishing new standards for the assessment of the 3D mark’s overall impression (I ZR 37/04 – Goldhase)
Reported by Thomas Huber

6. German Federal Supreme Court prohibits amendment of abstract combined color trademark by adopting a language which brings the two claimed colors into a fixed relation to each other (I ZB 86/05 – yellow/green)
Reported by Peter J. A. Munzinger

Domain Name Law

7. German Federal Supreme Court holds meta-tags to be use of a designation (I ZR 183/03 – Impuls)
Reported by Dietrich Beier

Design Law

8. Office for Harmonization in the Internal Market: First decision of a Board of Appeal in a Community design matter (R 1001/2005-3 – Pepsico v Grupo Promer Mon-Graphic)
Reported by Florian Traub

9. Office for Harmonization in the Internal Market (Invalidity Division) on the relationship between a prior trademark registration and a junior registered Community design (ICD 000002426 – Schwan-STABILO v Ningbo Beifa Group)
Reported by Florian Traub

Unfair Competition Law

10. German Federal Supreme Court overrules ban on social sponsoring (I ZR 33/04 and I ZR 97/04 – Rainforest Project)
Reported by Dr. Henning Hartwig

Published on
December 2006
Author
Henning Hartwig
Attorney-at-Law, Partner
Dr. Thomas Friede
Thomas Huber
Dietrich Beier
Florian Traub