Preliminary ruling

  Will the CJEU take a deep dive into the right of possession? The European Court of Justice will have to deal with this question following a reference from the German Federal Supreme Court (Decision…

In Case C-654/21, the CJEU ruled on a reference for a preliminary ruling from the Sąd Okręgowy w Warszawie (XXII Division of the District Court in Warsaw, Poland) in a dispute between two individuals…

  Another high-profile Louboutin case, although this time it’s less about the protection of the red sole as such than the liability of online retail platforms. The Court of Justice (CJEU) handed down…

Poland introduced specialized IP Courts on July 1, 2020, resulting in significant changes to preventive measures, including the conditions for requesting information regarding an infringement of an…

Previously on the Kluwer Trademark Blog We have amply reported about the Gömböc case before. If you have missed the previous episodes, you may read our post on the request for a preliminary ruling to…

While the new EUTMR 2017/1001 deleted any reference to disclaimers - previously provided by Article 37(2) of EUTMR No. 207/2009 - both the EU Directive 2008/95 and the Recast Directive 2015/2436…

The EUTMR No. 2015/2424, as well as the Directive No. 2015/2436, have introduced various changes to EU and national trademark laws but both failed to provide transitory rules determining what is the…

In law, perhaps one of the most famous aphorisms is "I know it when I see it", which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio,  378 U.S. 184 …

The Regional High Court of Nuremberg rejected a request for an interim injunction in a trade mark case on appeal, considering that the defendant had already stopped the trade mark infringement at the…