References to the European Court of Justice
2008
| List of references to the European Court of Justice made in 2008. Read down the first column to find the case number. Then read across the row to find the parties involved, legislation involved, details on the pre-hearing and information on the hearing outome. | ||||
| Case and subject | Parties | Legislation | Pre-hearing | Hearing and after |
|---|---|---|---|---|
| C-569/08 Interpretation of Article 21(1)(a) and 21(1)(b) under Regulation (EC) 874/2004. Whether a right and/or a legitimate interest exists under these provisions and also whether the meaning of bad faith exists under these provisions. |
Internetportal und Marketing v Richard Schlicht | Article 21(1)(a) and 21(1)(b) Regulation (EC) No 874/2004 | Comments by 16 February 2009 |
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C-559/08  Extract from Official Journal  (68Kb)That the CFI erred in its interpretation of Article 43 of the Community Trademark Regulation and also infringed Article 6 TEU, Article 6 ECHR and Articles 1 and 10 of the Directive 89/104/EC to approximate the laws of the member states relating to trade marks. |
Deepak Rajani v OHIM. | Article 43 of the Community Trade mark Regulation and Articles 6 TEU, 6 ECHR and Articles 1 and 10 of Directive 89/104/EC | Comments by 17 April 2009 Deadline for observations by UK 14 May 2009 |
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C-558/08 |
Portakabin v Portakabin |
Directive 2008/95/EC | Comments by 12 February 2009 |
Hearing notification (57Kb) Judgement issued 8 July 2010 |
| C-553/08 That the CFI has infringed Articles 51(1) (a) and 51(2) in conjunction with Article 7(1) (c) and Article 7(3) of the Community Trade Mark Regulation by failing to attribute a basic knowledge of the English language to people outside the UK/Ireland in connection with the perception of a mark. Also, in connection with proof of distinctive character acquired through use, the Court erred in law. |
Powerserv Personalservice GmbH v OHIM | Articles 51(1) (a) and 51(2) in conjunction with 7(1) (c) and 7(3) of the Community Trade Mark Regulation (Regulation 40/94) | Comments by 1 April 2009 Deadline for UK observations 1 May 2009 |
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| C-520/08 That the CFI infringed Article 51(1)(a) in conjunction with Articles 7 (1)(b), (c), (d) and (g) of the Community Trade Mark Regulation |
HUP Uslugi Polska sp.zoo. (formerly HP Temporärpersonalgesellschaft mbH)v OHIM | Articles 51 (1) (a) in conjunction with 7(1) (b),(c),(d) and (g) of the Community Trade Mark Regulation (Regulation 40/94) | Comments by 17 March 2009 Deadline for UK observations 17 April 2009 |
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C-494/08 |
Prana Haus GmbH v OHIM | Article 7(1)(c) of Community Trade Mark Regulation. | Comments by 20 February 2009 Deadline for UK observations 17 March 2009 |
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| C-489/08 (45Kb) That the CFI infringed Article 8(1) (b) of Regulation (EC) 40/94 by erring in its assessment of the similarity between the goods and services on factual mistakes concerning the word ‘EPICAN’ and ‘EPIGRAN FORTE.’ |
Matthais Rath v OHIM | Article 8(1) (b) of Regulation (EC) 40/94 | Comments by 19 April 2009 Deadline for observations by UK 14 May 2009 |
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| C-488/08 (45Kb) That the CFI infringed Article 8(1) (b) of Regulation (EC) 40/94 by erring in its assessment of the similarity between the goods and services on factual mistakes concerning the word ‘EPICAN’ and ‘EPIGRAN.’ |
Matthais Rath v OHIM | Article 8(1) (b) of Regulation (EC) 40/94 | Comments by 19 April 2009 Deadline for observations by UK 14 May 2009 |
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| C-481/08 That the CFI erred in application and interpretation of Article 8 (1)(b) of The Community Trademark Regulation by only taking into account the English pronunciation of the marks at issue and not also the French pronunciation |
Alcon Inc v OHIM | Article 8(1)(b) of Community Trademark Regulation (Regulation 40/94) | Comments by 9 February 2009 Deadline for UK observations 6 March 2009 |
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| C-403/08 & C-429/08 The use of satellite decoding devices acquired overseas to watch Premier League football matches in public houses in the UK. |
Football Association Premier League & Others and Murphy | Directive 98/84/EC (Conditional Access Directive), and others | Deadline for UK observations: 10 December 2008 Comments by 6 February 2009 |
Hearing notification (102Kb) |
C-428/08 |
Monsanto Technology | Articles 8 and 9 of Directive 98/44/EC | Comments by 21 November 2008 Deadline for UK observations: 21 January 2009 |
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| C-394/08 The CFI changed the subject matter of the proceedings and took into accounts facts and matters that extended the context of the dispute and that the CFI breached Article 8(1)(b) of the Trademarks Regulation by assessing the relevant language as being the primary language of the Member State and in its method for assessing the likelihood of confusion. |
Zipcar Inc v OHIM | Article 8(1)(b) Trademarks Regulation | Comments by 21 November 2008 Deadline for UK observations: 18 December 2008 |
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| C-324/08 Where goods bearing a trade mark proprietor’s mark have previously been placed on the market within the EEA but not by him or with his express permission, must the same criteria be applied in determining whether this has occurred with the (implicit) consent of the trade mark proprietor as are applied in the case where such goods have previously been placed on the market outside the EEA by the trade mark proprietor or with his consent? |
Makro Zelfbedieningsgroothandel e.a. and others v Diesel S.p.a. | Article 7(1) of First Council Directive 89/104/EEC of 21 December 1988 | Deadline for UK observations: 8 September 2008 Comments by 3 November 2008 |
Judgement issued on 15 October 2009 |
| C-302/08P Interpretation of the term 'Community trade mark' in Article 5(4) for marks with international registrations within the meaning of Article 146 e seq. |
Zino Davidoff | Article 5(4) of Council Regulation (EC) No 1383/2003 and Article 146 e seq. of Council regulation (EC) No 40/94 | Deadline for UK observations 26 August 2008 Comments by 22 October 2008 |
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| C-300/08 Similarity of marks |
Leche Celta SL v OHIM |
Article 8(1)(b) of Regulation (EC) No 40/94) |
Deadline for UK observations 12 September 2008 |
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| C-278/08 P The interpretation of Article 5(1) of First Council Directive 89/104/EEC |
BergSpechte | Article 5(1) (2)and (3) of Directive 89/114/EEC | Deadline for UK observations 15 October 2008 Comments by 18 August 2008 |
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| C-236/08, C-237/08 & C-238/08 The interpretation of Articles 5 of the Trademarks Directive and 9 of the Trademarks Regulation |
Google France et Google and Others | Articles 5(1)(a) and (b) and 5(2) of First Council Directive 89/104/EEC Articles 9(1)(a)(b) and (c) of Council Regulation (EC) No 40/94 Article14 of Directive 200/31/EC |
Deadline for UK observations 29 September 2008 |
Judgement issued on 23 March 2010 |
| C-210/08P Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 |
Sebirán SL v OHIM and El Coto de Rioja, SA | Article 8 (1)(b) of Regulation No 40/94. | Deadline for UK observations 29 September 2008 |
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| C-208/08 The interpretation of Article 6 ter of the Paris Convention and the distinction between trade marks for goods and services |
OHIM v American Clothing Associates SA | Article 7(1)(h) of the Community Trade Mark Registration Article 6ter of the Paris Convention |
Deadline for UK observations 25 September 2008 Comments by 29 August 2008 |
Judgment issued on 16 July 2009 |
| C-202/08 The essential function and heraldic characteristics of a state emblem |
American Clothing Associates SA v OHIM | Article 7 (1)(h) of the Community Trademarks Regulation | Deadline for UK observations 25 September 2008 Comments by 29 August 2008 |
Judgment issued on 16 July 2009 |
| C-146/08P Assessment of the meaning of ‘directly and individually concerned’ in relation to Intellectual Property Rights. |
Efkon AG v European Parliament and Council of the EU | Article 230 EC and Article 6 ECHR | Deadline for UK observations 18 July 2008 Comments by 15 August 2008 |
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| C-136/08 The requirement of Article 8(5) for likelihood of harm |
Japan Tobacco Inc v OHIM | Article 8(5) of the Community Trade mark Regulation | Deadline for UK observations 25 September 2008 Comments by 29 August 2008 |
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| C-131/08P Whether the CFI’s assessment of the conditions of registration of a trademark are too restrictive |
Dorel Juvenile Group, Inc. v OHIM | Articles 7(1)(b) and (c) of Regulation No 40/94. | Deadline for UK observations 31 July 2008 Comments by 4 July 2008 |
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| C-120/08 Preliminary ruling requested on protected geographical indication (for Bavarian Beer) under Council Regulation 510/2006 EC |
Bavaria NV v Bayerischer Brauerbund eV | Council Regulation 510/2006 EC | Stayed pending the judgement in relation to C-343/07 Bavaria et Bavaria Italia |
Hearing notification (63Kb) |
| C-98/08 Whether the Directive permits the Member States to adopt a national provision. |
AGEDI et AIE v Sogecable S.A. and Canal Satélite Digital S.L. | Council Directive 91/100/EEC (on rental right and lending rights and certain rights related to copyright in the field of intellectual property) |
Deadline for UK observations 25 June 2008 Comments by 2 May 2008 |
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| C-93/08 Customs actions against goods suspected of infringing certain intellectual property rights |
SIA Schenker v Valsts ienēmumu dienests | Article 9 of Council Regulation (EC) No 1383/2003 | Deadline for UK observations 20 June 2008 Comments by 23 April 2008 |
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| C-90/08P Extension of period specified for late submission of proof of use |
K & L Ruppert Stiftung & Co v OHIM | Rule 71(1) of Regulation No 2868/95 | Deadline for UK observations 20 June 2008 Comments by 29 July 2008 |
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| C-81/08P Appeal against judgement of Court of 1st Instance for confusion with an earlier trademark |
Miguel Cabrera Sanchez v OHIM | Article 8(1)(b) of Regulation 40/94 | Deadline for UK observations 6 June 2008 Comments by 4 July 2008 |
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| C-62/08 The meaning of 'third party' |
UDV North America v Brandtraders | Articles 9(1)(a) and (2)(d) of Council Regulation 40/94 (on the Community Trade Mark) | Deadline for UK observations 5 June 2008 Comments by 7 April 2008 |
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| C-59/08 Trademark Licensing |
COPAD v Christian Dior Couture and others | Article 8(2), 7(1) and 7(2)of Directive 89/104/EEC | Deadline for UK observations 5 June 2008 Comments by 7 April 2008 |
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| C-57/08P Appeal against judgment of Court of 1st Instance for dismissing appellant’s opposition to registration of the word ‘gateway’, identifying the relevant section of the public and confusion with an earlier trademark |
Gateway, Inc v OHIM | Community Trade Mark – Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94 | Deadline for UK observations 18 July 2008 Comments by 15 August 2008 |
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| C-39/08 and C-43/08 Interpretation of Article 3 - Equal treatment of applicants in competition regarding the registration of Trademarks |
ZVS Zeitungsvertrieb Stuttgart GmbH & Bild.T-Online.de | Article 3 of Directive 89/104/EEC | Deadline for UK observations 18 June 2008 Comments by 18 April 2008 |
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| C-32/08 Employee Rights |
FEIA v Cul de Sac Espacia Creativo, SL And Acierta Product & Position SA |
Article 14(3) of Regulation 6/2002 (Community Design) | Deadline for UK observations 19 May 2008 Comments by 19 March 2008 |
Judgment issued on 2 July 2009 |
| C-21/08P Interpretation by Court of First Instance |
Sunplus Technology Co Ltd v OHIM & Sun Microsystems Inc | Article 8(1)(b) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 18 April 2008 Comments by 25 March 2008 |
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| C-20/08P Infringement of the duty to give reasons and misinterpretation |
Enercon GmbH v OHIM | Article 7(1)(b) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 9 May 2008 Comments by 10 April 2008 |
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| C-17/08P Misinterpretation of Article |
MPDV Mikrolab v OHIM | Article 7(1)(b) & (c) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 9 May 2008 Comments by 10 April 2008 |
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| C-5/08 Media monitoring and analysis business |
Infopaq International | Articles 2, 5(1) and (5) of Directive 2001/29/EC | Deadline for UK observations 29 April 2008 Comments by 28 February 2008 |
Judgment issued on 16 July 2009 |