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References to the European Court of Justice

2011

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-661/11
The exclusive right conferred on the proprietor of a registered trade mark and the circumstances in which that right can no longer be asserted against a third party in respect of all goods covered by it at the time of registration, in particular where a trade mark has been licensed pursuant to Article 8(1) of the Directive.
Martin y Paz Diffusion SA v David Depuydt and Fabriek van Maroquinerie Gauquie SA Article 5(1) and Article 8(1) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks Comments by
16 February 2012

Deadline for observations by
17 April 2012
 
C-657/11
Whether 'advertising' in Article 2 of the Directive 2006/114/EC of 12 December and in Article 2 of Directive 84/450/EEC on misleading advertising is to be interpreted as encompassing the registration and use of a domain name and the use of metatags in a website's metadata
Belgian Electronic Sorting Technology v Bert Peelaers and Visys NV Article 2 of Council Directive 84/450/EEC of 10 September 1984 relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising and Article 2 of Directive 2006/114/EC of 12 December 2006 concerning misleading and comparative advertising. Comments by
16 February 2012

Deadline for observations by
16 April 2012
 
C-655/11 External Link
An appeal against the judgment of the General Court concerning the assessment of distinctive character and similarity between trade marks and failure to take into account all factors relevant to the circumstances of the case.
Seven for all mankind LLC v OHIM Article 8(1)(b) of Community Trade Mark Regulation Comments by 16 March 2012

Deadline for observations by 13 April 2012
 
C-649/11 External Link
An appeal against the judgment of the General Court concerning alleged infringement by the General Court.
Cooperativa Vitivinicola Arousana, S. Coop. Galega v OHIM and Maria Constantina Sotelo Ares. Article 8(1)(b) of Council Regulation No 207/2009 on the Community trade mark (relative grounds for refusal of registration of trade mark). Comments by
09 March 2012

Deadline for observations by
04 April 2012.
 
C-624/11 External Link
An appeal against the judgment of the General Court as they failed to make a valid assessment of the evidence the applicant submitted to it and failed to give sufficient reasons for its decision with regard to the national laws relied upon
BRIGHTON COLLECTIBLES v OHIM Article 8(4) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
14 May 2012

Deadline for observations by
15 June 2012
 
C-621/11 External Link
An appeal against the judgment of the General Court concerning the registration of a trade mark
New Yorker SHK Jeans GmbH & Co. KG, formely New Yorker SHK Jeans GmbH v OHIM, Vallis K. - Vallis A. & Co. O.E. Articles 42 (2), (3), 76 (2) of Regulation 207/09 on the Community Trademark (formerly Articles 43 (2), (3), 74 (2)) and Rule 22 (2) of the Regulation Comments by
9 February 2012

Deadline for observations by
9 March 2012
 
C-611/11 External Link
Annul the decision of the Third Board of Appeal of the OHIM (Trade Marks and Designs). The grounds for appeal are that the general court failed to provide sufficient reasons with regard to the criteria of the relevant public, the comparison of the marks and the likelihood of confusion
ARA v OHIM Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
14 May 2012

Deadline for observations by
15 June 2012
 
C-607/11
Author’s rights to authorise or prohibit a communication to the public of their works by wire or wireless means
1) ITV Broadcasting Limited
2) ITV 2 Limited
3) ITV Digital Channels Limited
4) Ch4 Television Corporation
5) 4 Ventures Limited
6) Ch5 Broadcasting Ltd
7) ITV Studios Limited v TV Catch up Limited
Article 3(1) of Directive 2001/29/EC (on the harmonisation of certain aspects of copyright and related rights in the information society) (‘the Directive’) Comments by
25 January 2012

Deadline for observations by
22 March 2012
 
C-588/11 External Link
An appeal against the judgment of the General Court concerning the registration of a trade mark. The appellant relies upon one ground of appeal i.e. that the General Court wrongly applied Article 8(1)(b) of Council Regulation (EC) No 207/2009
Omnicare, Inc v OHIM, Astellas Pharma GmbH Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
9 February 2012

Deadline for observations by
9 March 2012
 
C-582/11 External Link
An appeal against the judgment of the General Court concerning the General Court’s assumption regarding a word sign.
Rügen Fisch AG v OHIM and Schwaaner Fischwaren GmbH Article 7(1)(c) of Regulation No (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
14 February 2012

Deadline for observations by
9 March 2012
 
C-561/11
Whether the exclusive right conferred by Article 9 of Regulation No 207/2009 on the proprietor of a Community trade mark can be enforced against any third party or whether, conversely, for the purposes of Article 9 a person who in turn has registered a trade mark (albeit subsequently) is excluded from the concept of 'third party' until such time as the latter trade mark is declared invalid.
Fédération Cynologique Internationale v Federación Canina Internacional de Perros de Pura Raza Article 9 of Regulation No 207/2009 on the Community Trade Mark Comments by
29 December 2011

Deadline for observations by
1 March 2012
 
C-553/11
Preliminary ruling concerning the circumstances when a trade mark can be regarded as having been put to genuine use under the First Council Directive 89//104/EEC to approximate the laws of the Member States relating to trade marks
Bernhard Rintisch v Klaus Eder Article 10(2)(a) of the First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks Comments by 22 December 2011

Deadline for observations by 23 February 2012
 
C-521/11
Action for account and equitable remuneration for recording media - Fair compensation for the purposes of Article 5(2)(b) of Directive 2001/29/EC
Austro-Mechana Gesellschaft zur Wahrnehmung mechanisch-musikalischer Urheberrechte Gesellschaft m.b.H., Vienna v 1. Amazon.com International Sales Inc., Seattle, 2. Amazon EU S.á.r.l., Luxembourg, 3. Amazon.de GmbH, Munich, 4. Amazon.com GmbH in liquidation, Vienna, 5. Amazon Logistik GmbH, Bad Hersfeld (Germany) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Comments by
16 January 2012

Deadline for observations by 2 February 2012
 
C-467/11 External Link
An appeal against the judgment of the General Court concerning infringement of Article 7(1)(c) of the regulation 207/2009 on the Community trade mark as the sign is not descriptive
Audi AG, Volkswagen AG v OHIM Articles 7(1)(c), 76(1) and 7(3) of Regulation 207/2009 of 26 February 2009 on the Community trade mark Comments by 8 December 2011

Deadline for observations by 5 January 2012
 
C-457/11 to C-460/11
(Joint cases)
Whether printers and plotters (devices by which graphics can be reproduced) are among the reproduction devices on which remuneration for copyright is to be paid
VG Wort v various, Hewlett Packard v VG Wort Article 2, Article 5 and Article 5(2)(a) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Comments by 7 November 2011

Deadline for observations by 30 December 2011
 
C-453/11 External Link
An appeal against the judgment of the General Court concerning an application for registration of a three-dimensional sign consisting of the shape of a watch as a Community trade mark.
Timehouse GmbH v OHIM Article 7(1)(2) of Regulation (EC) No 207/2009 on the Community trade mark Comments by 30 November 2011

Deadline for observations by 29 December 2011
 
C- 442/11
A referral from the High Court of England and Wales which concerns the scope of a supplementary protection certificate (SPC)
Novartis AG v Actavis UK Limited Article 4 and Article 5 of Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products Comments by 14 October 2011

Deadline for observations by 16 December 2011
Date to be confirmed
C-414/11 External Link
The interpretation of the Agreement on Trade-Related aspects of Intellectual Property Rights ('TRIPS Agreement') and its inter-relationship with certain provisions of the Munich Convention of 1973 in respect of the invention of pharmaceutical products.
Daiichi Sankyo Company Limited, Sanofi-Aventis Deutschland GmbH v DEMO Anonimos Viomikhaniki kai Emporiki Etairia Farmakon Article 27 and 70 of the TRIPS Agreement Comments by
13 October 2011

Deadline for observations by 5 December 2011
 
C-406/11 External Link
Appeal in relation to the judgment of the General Court concerning infringement and the registration of a trade mark.
Atlas Transport GmbH v OHIM and Atlas Air Inc. Rule 20(7) and Articles 59 and 60 of the Regulation on the Community trade mark (old version) Comments by 4 November 2011

Deadline for observations by 02 December 2011
 
C-354/11 External Link
An appeal against the judgment of the General Court regarding the likelihood of confusion with earlier marks, an incorrect application of the case-law and infringement of the principle of equal treatment
Maurice Emram v OHIM, Guccio Gucci Spa Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark, and also Article 17 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark Comments by
6 October 2011

Deadline for observations by 3 November 2011
 
C-334/11 External Link
Appeal against the judgment of the General Court regarding timing of registration and likelihood of confusion with an earlier word mark.
Lancôme parfums et beauté & Cie v OHIM, Focus Magazin Verlag GmbH Article 43(2) and (3) Community Trade Mark Regulation Comments by
6 October 2011

Deadline for observations by 3 November 2011
 
C-327/11 External Link
Appeal in relation to the judgment of the General Court regarding misinterpretation and misapplication of the legislation and likelihood of confusion between trade marks.
United States Polo Association v OHIM Article 8 (1) (b) Regulation No. 207/2009 CTMR. Comments by 4 November 2011

Deadline for observations by 02 December 2011
 
C-328/11 External Link
Appeal against the judgment of the General Court regarding requirement for a review of the claim for a declaration of invalidity; infringement of services and likelihood of confusion.
Alder Capital Ltd v OHIM Article 56(2) and (3), Article 15 and Article 8(1)b of Regulation 207/2009 (Community Trade Mark Regulation) Comments by
23 September 2011

Deadline for observations by 20 October 2011
 
C-311/11 External Link
Appeal against the judgment of the General Court regarding analysis and degree of distinctive character
Smart Technologies ULC v OHIM Article 7(1)(b) of Regulation 207/2009 (Community Trade Mark Regulation) Comments by
23 September 2011

Deadline for observations by 20 October 2011
 
C-307/11 External Link
Appeal against the judgment of the General Court regarding distinctive character of a figurative mark.
Deichmann SE v OHIM Article 7(1)(b) and (c) and Article 76(1) of Regulation 207/2009 (Community Trade Mark Regulation) Comments by
23 September 2011

Deadline for observations by 20 October 2011
 
C-306/11 External Link
Appeal against the judgment of the General Court regarding similarity to a previous sign
XXXLUTZ MARKEN GMBH v OHIM

Article 8(1)(b) of Regulation 207/2009

Comments by 25 August 2011

Deadline for observations by 23 September 2011
 
C-295/11 External Link
An application for annulment of the Council Decision of 10 March 2011 and the legal base for authorising enhanced cooperation in the area of the creation of unitary patent protection.
Italian Republic v Council of the European Union Article 20(1) TEU, Articles 118, 326 (1), 326 and 20(1) TFEU Comments by 16 July 2011

Deadline for observations by 27 September 2011
 
C- 274/11 External Link
An application for annulment of the Council Decision of 10 March 2011 and the legal base for authorising enhanced cooperation in the area of the creation of unitary patent protection.
Spain v Council of the European Union Article 20(1) TEU, Articles 118, 326 (1), 326 and 20(1) TFEU Comments by
29 August 2011

Deadline for observations by 13 September 2011
 
C-222/11 External Link
Appeal in relation to a judgment of the General Court upholding an OHIM decision in relation to a trade mark
Longevity Health Products, Inc V OHIM, Performing Science LLC Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009 Comments by 8 September 2011

Deadline for observations by 7 October 2011
 
C-198/11 External Link
Appeal to the Court of Justice against the judgment of the General Court regarding the likelihood of confusion between the signs for identical services.
Lan Airlines S.S. v OHIM and Air Nostrum, Líneas Aéreas del Mediterráneo, S.A Article 8(1)(b) of Regulation No 40/94 on the Community trade mark (now Regulation No 207/09 on the Community trade mark). Comments by 8 July 2011.

Deadline for observations by 4 August 2011.
 
C-196/11 External Link
An appeal against the judgment of the General Court regarding opposition proceedings in respect of an application for a Community figurative mark
Formula One Licensing BV v OHIM, Global Sports Media Ltd Article 8 (5), Article 8(1) (b) and Article 8(1)(b) of Regulation No 40/94 of 20 December 1993 on the Community trade mark Comments by 30 June 2011

Deadline for observations by 28 July 2011
 
C-191/11P External Link
Appeal to the Court of Justice against the judgment of the General Court regarding the likelihood of confusion with an earlier community word mark.
Yorma's AG v OHIM Article 8(1)(b)of Regulation 40/94 (Community Trade Marks Regulation – CTMR) Comments by 28 July 2011

Deadline for observations by 26 August 2011
 
C-180/11 External Link
Dispute over the grant of utility model protection (very similar to the patent, but usually with a shorter term and less stringent patentability requirements).
Bericap Záródástechnikai Bt v Plastinnova 2000 Kft   Comments by 01 August 2011

Deadline for observations by 29 September 2011
 
C-173/11
A request for a preliminary ruling regarding infringement of database right and copyright and the definition of the act of "extraction" or "re-utilisation"of data between member states
Football Dataco Ltd, The Scottish Premier League Ltd, The Scottish Football League and PA Sport UK Ltd Directive 96/9/EC (the Database Directive) Comments by
3 June 2011

Deadline for observations by 3 August 2011
 
C-149/11
A dispute relating to the territorial scope and genuine use of a Community word mark
Leno Merken v Hagelkruis Beheer B.V. Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (codified version) Comments by
25 May 2011

Deadline for observations by 28 July 2011
 
C-130/11
When a marketing authorisation has been granted for a medicinal product comprising an active ingredient, is Article 3(d) to be construed as precluding the grant of an SPC based on a later marketing authorisation which is for a different medicinal product comprising the same active ingredient, where the limits of the protection conferred by the basic patent do no extend to placing the product on the market.
Neurim Pharmaceuticals (1991) Limited v Comptroller-General of Patents Article 3, 3(d) 47 and 13(1) of the Regulation (EC) No 469/2009 of the European Parliament and of the Council of 6 May 2009 concerning the supplementary protection certificate for medicinal products. Article 8(3) of Directive 2001/83EC of The European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use. Comments by
6 May 2011

Deadline for observations by 30 June 2011
 
C-128/11
The legal protection of computer programmes, exhaustion of rights and the definition of 'lawful acquirer'
Oracle International Corporation, Redwood Shores, CA, USA v UsedSoft GmbH, Munich Article 5(1) and Article 4(2) of Directive 2009/24/EC on the legal protection of computer programs Comments by
19 May 2011.

Deadline for observations by 21 July 2011
 
C-103/11P External Link
An appeal against the judgment of the General Court seeking restraint of and damages against a breach of intellectual property regarding incorrect application and assessment of copyright rules regarding ownership and their infringement and interpretation of the exceptions.
Systran SA and Systran Luxembourg v Commission Article 5 and 6 of Directive 91/250/EEC Comments by
26 May 2011

Deadline for observations by 24 June 2011
 
C-102/11P External Link
Appeal against the ruling of the General Court of its assessment of the merits of the original case and infringement of Article 61.
OHIM

Article 61, 60, 25(1)(c) and 6 of Regulation (EC) 6/2002 on Community Designs

Comments by
12 May 2011

Deadline for observations by 9 June 2011
 
C-101/11P External Link
Appeal against the ruling of the General Court due to omission and error in the assessment and application of grounds for invalidity.
Herbert Neuman and Andoni Galdeano del Sel v OHIM and Jose Manuel Baena Grupo S.A. Article 25(1)(b) and (e) of Regulation (EC) 6/2002 on Community Designs Comments by
12 May 2011

Deadline for observations by 9 June 2011
 
C-100/11 External Link
Appeal against the annulment of the General Court judgment regarding unfair advantage taken of and detrimental to the reputation of earlier marks.
P L’Oreal SA v OHIM

Article 52 (1), 8, 115 and 63 of 40/94 (Community Trade Mark Regulation) and Article 1 Rule 38 of Regulation (EC) 2868/95

Comments by
26 May 2011

Deadline for observations by 24 June 2011
 
C-98/11 External Link
Appeal the General Court judgement regarding assessment of distinctive character and the acquiring of distinctive character through use.
Chocoladefabriken Lindt & Sprüngli AG v OHIM Article 7 (1)(b) and (3) of 40/94 (Community Trade Mark Regulation) Comments by
26 May 2011

Deadline for observations by 24 June 2011
 
C-96/11 External Link
Appeal against the ruling of the General Court regarding the application of distinctive character of a three-dimensional mark.
August Storck v OHIM Article 7(1)(b) 40/94 (Community Trade Mark Regulation) Comments by
2 June 2011

Deadline for observations by 1 July 2011
 
C-90/11 & C-91/11
Refusal of registration of a trade mark comprised of a non-descriptive letter sequence and other words if the letter sequence is perceived as an abbreviation of descriptive words.
Strigl and Others Article 3(1)(b) or (c) of Directive 2008/95/EC of The European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks Comments by
6 May 2011

Deadline for observations by 06 July 2011
 
C-87/11P External Link
The definition and translation of the Latin Language incorrectly defined the goods and categories of the goods.
Fidelio v OHIM Article 7(1)(c) and Article &(1)(b) of Regulation No 40/94 on the knowledge of the Latin language. Comments by 2 June 2011.

Deadline for UK observations by 1 July 2011.
 
C-81/11 External Link
Appeal against the decision of the General Court in Case T-363/09 regarding the granting of time periods for reply and likelihood of possible confusion.
Longevity Health Products, Inc v OHIM, Gruppo Lepetit SpA Article 8(1) (b) of Regulation No 207/2009 of 26 February 2009 on the Community trade mark Comments by
18 May 2011.

Deadline for observations by 17 June 2011
 
C-76/11P External Link
The interpretation of Article 8(4) of CTMR regarding whether existence of goodwill created a right of more than mere local significance, concurrent trading was evidence of a misrepresentation and evidence of use.
Tresplain Investments Ltd v OHIM Article 8(4) of Regulation 40/94 (Community Trade Marks Regulation – CTMR) Comments by
2 May 2011

Deadline for observations by 26 May 2011
 
C-67/11 External Link
Appeal against the ruling of the General Court with regard to whether the word element of a Community trade mark is dominant and the assessment of the likelihood of confusion.
DTL Corporation S.L v OHIM

Article 8(1)(b) of Council Regulation 207/2009

Comments by 12 May 2011

Deadline for observations by 9 June 2011
 
C-45/11 External Link
Appeal against the ruling of the General Court with regard to the registration of a figurative mark containing a horizontal combination of colours.
Deutsche Bahn AG v OHIM Article 7(1)(b) of Council Regulation 207/2009 Comments by
12 May 2011

Deadline for observations by 21 June 2011
 
C-6/11 External Link
Preliminary ruling requested from the Court of Appeal on the correct criteria for deciding whether a product is "protected by a basic patent in force"

Daiichi Sankyo Company v Comptroller-General of Patents

Article 3(a) of Regulation 469/2009 concerning the supplementary protection certificate for medicinal products. Comments by
25 May 2011

Deadline for observations by 28 July 2011
 
C-5/11
Furnishings that are copyright protected in Germany and sold to German customers, but manufactured and distributed from Italy.
Titus Alexander Jochen Donner Article 4(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Comments by
24 February 2011

Deadline for observations by 26 April 2011