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

McDermott Will & Emery

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

McDermott Will & Emery on

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

McDermott Will & Emery

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

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

Morgan Lewis

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

Morgan Lewis on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells

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

Hogan Lovells on

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

Hogan Lovells

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

Hogan Lovells on

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

Ladas & Parry LLP

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

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

Hogan Lovells

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

Hogan Lovells on

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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