News & Analysis as of August 20, 2025

Court of Justice of the European Union (CJEU)

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

Munich Court Addresses Implementer’s Obligation To Provide Security in FRAND Negotiations

McDermott Will & Schulte on 4/17/2025

The Munich Higher Regional Court issued a decision concerning the fair, reasonable, and nondiscriminatory (FRAND) negotiation process and an implementer’s obligation to provide security if a license offer for standard...more

CJEU Recognizes Cross-Border Jurisdiction of National Courts, Long-Arm Jurisdiction of UPC

McDermott Will & Schulte on 3/6/2025

The Court of Justice of the European Union (CJEU) issued a decision significantly expanding the capabilities of both the Unified Patent Court (UPC) and the national courts in EU Member States to issue cross-border injunctions...more

CJEU Expands Cross-Border Patent Infringement Jurisdiction in BSH Hausgeräte v. Electrolux

Morgan Lewis on 3/3/2025

The Court of Justice of the European Union (CJEU) has delivered a landmark ruling in BSH Hausgeräte v. Electrolux that significantly expands the jurisdictional reach of EU courts in cross-border patent infringement cases. The...more

CJEU Rules on Damages for Unjustified Preliminary Injunctions in “Launch at Risk” Cases

McDermott Will & Schulte on 12/4/2019

The Court of Justice of the European Union (CJEU) recently handed down its judgment in a case concerning the circumstances under which an intellectual property (IP) right holder is liable for damages caused by a preliminary...more

20-year legal dispute over two seconds of music: CJEU on the never-ending sampling story

Hogan Lovells on 8/5/2019

German courts have been dealing with the Metall auf Metall [song by the German band Kraftwerk] case for two decades. Recently, the CJEU, too, has had to deal with the case and ruled by judgment of 29 July 2019 (C-476/17) that...more

CJEU draws the (dotted) line on subject matter in figurative/position marks

Hogan Lovells on 6/14/2019

Judgment of 6 June 2019 in Case C-223/18 P Deichmann v EUIPO – Munich - The Court of Justice (CJEU) upholds the General Court (GC) finding that for a figurative mark featuring elements represented using dotted lines (in...more

CJEU: Castles, candy, candlesticks – no happy end at Neuschwanstein?

Hogan Lovells on 9/13/2018

Court of Justice of the European Union, 6 September 2018, Case C-488/16 P BSGE v EUIPO/Freistaat Bayern - King Ludwig II. of Bavaria was without a doubt an architectural visionary. During his reign in the second half of...more

Does the word ‘Glen’ on a whiskey product make EU consumers think it is Scotch? The CJEU requires that national courts determine...

Ladas & Parry LLP on 6/19/2018

On June 7th, 2018, the Court of Justice of the European Union issued a preliminary ruling attempting to clarify the EU rules that protect registered geographical indications applicable to spirit drinks....more

Scottish glens, German whisky and the question: Are you befuddled?

Hogan Lovells on 6/7/2018

Court of Justice of the European Union, judgment of 7 June 2018, C-44/17 - Glen is a Gaelic word with a wonderful lyrical sound to it and reminiscent of idyllic remote Scottish valleys with the mists from the last rain...more

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European Union › Intellectual Property Litigation › Court of Justice of the European Union (CJEU)

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