Firm News

Bardehle Pagenberg strengthens its French operations

German Patent and Trademark Office introduces claim fee system

Patent Law

1. German Federal Supreme Court on the requirements for a termination of an exclusive patent license agreement by the licensor (decision of March 26, 2009 – Case Xa ZR 1/08 – Wet cleaning II)
Reported by Jörg Wahl

2. German Federal Supreme Court on the admissibility of amendments in the claim wording (decision of April 21, 2009 – Case X ZR 153/04 – Printing press temperature control system II)
Reported by Alexander Wunsch

3. European Patent Office (Enlarged Board of Appeal) allows the first petition for review (decision of July 22, 2009 – Case R 7/09)
Reported by Dr. Rudolf Teschemacher

4. European Patent Office (Technical Board of Appeal 3.3.07) declares the principle of prohibition of double patenting applicable under the European Patent Convention (decision of July 3, 2007 – Case T 307/03 – ARCO/double patenting)
Reported by Dr. Rudolf Teschemacher

5. Karlsruhe Appeal Court on the stay of enforcement of an injunction pending appeal (decision of May 11, 2009 – Case 7 O 94/08)
Reported by Dr. Christof Karl, LL.M.

Trademark Law

6. European Court of Justice: Protection of marks on the basis of acquired distinctiveness (decision of June 11, 2009 – Case C-542/07 P – PURE DIGITAL)
Reported by Dr. Alexander von Mühlendahl, LL.M.

7. European Court of Justice: Conflict between geographical indication and trademark – protection pursuant to bilateral agreements –national protection and Community trademark protection (decision of September 8, 2009 – Case C-478/07 – Budejovicky Budvar v Rudolf Ammersin (BUD – AMERICAN BUD II)
Reported by Dr. Alexander von Mühlendahl, LL.M.

8. European Court of Justice: Trade mark infringement through sale and purchase of “adwords” (opinion of Advocate General Poiares Maduro of September 22, 2009 – joined Cases C-236, 237 and 238/2008, Google France v Louis Vuitton Malletier, Viaticum and CNRRH)
Reported by Dr. Alexander von Mühlendahl, LL.M.

9. European Court of Justice: Protection of Community trade marks with reputation – territorial extent of reputation (decision of October 6, 2009 – Case C-301/07 –PAGO)
Reported by Dr. Alexander von Mühlendahl, LL.M.

10. German Federal Supreme Court on using the “®” added to a sign without the user being the owner or licensee of the corresponding trademark (decision of February 26, 2009 – Case I ZR 219/06 – Thermoroll)
Reported by Verena Wintergerst, LL.M.

11. German Federal Supreme Court German Federal Supreme Court on circumstances demonstrating that a trademark application has been filed in bad faith (decision of April 2, 2009 – Case I ZB 8/06 – Ivadal)
Reported by Philipe Kutschke

12. Munich Appeal Court on the restriction of sales on online auction platforms (decision of July 2, 2009 – Case U [K] 4842/08 – eBay)
Reported by Pascal Böhner

Domain Law

13. Czech Arbitration Court renders new ADR decisions on bad faith derived from non-use (decision of January 12, 2009 – CAC 05208 – haug.eu and decision of January 26, 2009 – CAC 05231 – boltze.eu) Reported by Dietrich Beier

Published on
October 2009
Author
Alexander Wunsch
German and European Patent Attorney, Partner
Rudolf Teschemacher
Senior Consultant
Christof Karl
Attorney-at-Law & German and European Patent Attorney, Partner; Attorney-at-Law admitted to practice in Germany and New York
Philipe Kutschke
Attorney-at-Law, Certified IP Lawyer, Commercial Mediator (MuCDR), Partner
Pascal Böhner
Attorney-at-Law, Certified IP Lawyer, Partner
Jörg Wahl
Verena Wintergerst, LL.M.
Dietrich Beier