In Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamiento SL (Case C- 488/10), a reference for a preliminary ruling by a Spanish
court, the Court of Justice of the European Union (ECJ) has
clarified the scope and effect of Article 19(1) of the Community
Design Regulation (6/2002) in
court proceedings brought by the
holder of a registered
Community design (RCD) against
the holder of a later RCD.
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In Celaya Emparanza y Galdos Internacional SA v Proyectos Integrales de Balizamiento SL, a reference for a preliminary ruling by one of the Spanish Community Trademark and Design Courts, the ECJ has considered whether the holder of an earlier RCD can bring infringement proceedings against the holder of a later RCD without having to first obtain the cancellation of the later design.
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In Ifejika v Ifejika, in a fraternal dispute that has raged over many years, the Patents County Court was called upon to determine issues of ownership and infringement of UK registered and unregistered design rights. Determination of the issues was complicated by the factual matrix encompassing activities taking place over 20 years ago.
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3D printing, which allows the creation of a physical object directly from a 2D blueprint, has taken a step closer to causing problems for trademark owners, with controversial file-sharing website the Pirate Bay declaring an interest in this developing technology. Yet will this activity necessitate a new approach to anti-counterfeiting or will it be a case of ‘business as usual’?
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A search mechanism is currently being discussed whereby searches would be conducted at the Trademarks Registry when design applications are filed to ensure that the corresponding sign has not already been filed and/or registered as a trademark. This initiative follows a decision of the Federal Court of Appeal holding that the possession of a certificate of design registration does not confer the right to use a sign registered as a trademark.
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A search mechanism is currently being discussed whereby searches would be conducted at the Trademarks Registry when design applications are filed to ensure that the corresponding sign has not already been filed and/or registered as a trademark. This initiative follows a decision of the Federal Court of Appeal holding that the possession of a certificate of design registration does not confer the right to use a sign registered as a trademark.
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The perceived difference between the top car brands and their challengers is lessening, according to new research. Focused wholly on US consumers’ brand perception, rather than automotive quality, the research highlights the challenges facing auto industry companies in differentiating their offering.
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Advocate General Mengozzi has presented his conclusions in Celaya Emparanza y Galdós Internacional SA v Proyectos Integrales de Balizamientos SL, a request for a preliminary ruling by Spain’s Community design court. Among other things, the advocate general stated that the holder of a registered Community design should be able to bring an infringement action against the owner of a subsequent registered design without first having to obtain a declaration of invalidity of the subsequent design.
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After PepsiCo – are we any closer to harmonisation of design rights?
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In Pro-Tec Covers Ltd v Specialised Covers Ltd, the Patents County Court has provided a detailed judgment on an unregistered design right infringement dispute. Pro-Tec Covers Ltd had alleged that a competitor, Specialised Covers Ltd, had undertaken “a concerted campaign of copying by at least four people, followed by a concerted campaign of lying about it and covering it up”.
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