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BARDEHLE PAGENBERG opens office in Barcelona

Patent Law

1. European Patent Office (Technical Board of Appeal 3.4.01): Amendments in opposition proceedings and new grounds for opposition (Decision of October 30, 2007, Case T 913/05)
Reported by Dr. Rudolf Teschemacher

2. European Patent Office (Technical Board of Appeal 3.3.02): Patentability of dosage regime remains contested among the Technical Boards of Appeal – Enlarged Board of Appeal asked to give authoritative interpretation of the law (Decision of April 22, 2008, Case T 1319/04)
Reported by Dr. Rudolf Teschemacher

3. Düsseldorf Appeal Court: Implicit non-disclosure obligation by general terms and conditions of a contractual offer according to the legal principle of good faith (Decision of January 25, 2008, Case I-2 U 137/99 – Drahtinjektionseinrichtung/Wire Injection Device)
Reported by Dr. Tilman Müller-Stoy

4. Düsseldorf District Court: Claim for recall and removal of infringing products from distribution channels (Decision of February 12, 2008, Case 4a O 427/06 – WC-Körbchen/WC-baskets)
Reported by Bernd Rupprecht

Trademark Law

5. European Court of Justice on likelihood of confusion (preliminary ruling): The famous Adidas THREE STRIPES prevail over a public interest argument (Decision of April 10, 2008, Case C-102/07– Adidas v Marca Mode)
Reported by Dr. Alexander von Mühlendahl

6. European Court of Justice: Review of Court of First Instance judgments (Decision of May 8, 2008, Case C-304/06 P – Eurohypo v OHIM; decision of April 17, 2008, Case C-108/07 P – Ferrero v OHIM; decision of February 15, 2008, Case C-243/07 P – Brinkmann v OHIM; decision of February 13, 2008, Case C-212/07 P – Indorata-Servicos e Gestao v OHIM – HAIRTRANSFER)
Reported by Dr. Alexander von Mühlendahl

7. German Federal Supreme Court: Principle of fair hearing guarantees that the parties have the opportunity to comment on the facts and points of law and that the Court considers these comments (Decision of February 21, 2008, Case I ZB 70/07 – Melissengeist/Melissa Spirit)
Reported by Philipe Kutschke

8. German Federal Supreme Court confirms cancellation of a 3D trademark registration for a front lid of a car (Decision of May 24, 2007, Case I ZB 37/04 – Fronthaube/Front Lid)
Reported by Thomas Huber

9. German Federal Supreme Court rules on the liability for violation of name rights on eBay’s platform (Decision of April, 10 2008, Case I ZR 227/05 I – Namensklau im Internet/Name Nicking on the Internet)
Reported by Thomas Huber

10. Frankfurt Appeal Court again denies infringement of rights conferred by the Lindt Easter Bunny (Decision of November 8, 2007, Case 6 U 10/03 – Goldhase II/Golden Bunny II)
Reported by Dr. Henning Hartwig

Copyright Law

11. European Court of Justice on the concept of distribution to the public under the Copyright Directive (Decision of April 17, 2008, Case C-456/06 – Peek & Cloppenburg v Cassina )
Reported by Verena Wintergerst

Published on
May 2008
Author
Rudolf Teschemacher
Senior Consultant
Tilman Müller-Stoy
Attorney-at-Law, Certified IP lawyer, Commercial Mediator (MuCDR), Partner
Philipe Kutschke
Attorney-at-Law, Certified IP Lawyer, Commercial Mediator (MuCDR), Partner
Henning Hartwig
Attorney-at-Law, Partner
Bernd Rupprecht
Thomas Huber
Verena Wintergerst