Trademark: Legal Care for Your Business & Product Name (6th edition)

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Social media is an emerging and dynamic area of the law.

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It is essential for attorneys and law students to understand the trends in social media when advising clients of the potential risks and pitfalls of social networking use. The ABA and its dedicated members work tirelessly to create original substantive content to advance the legal profession here and around the globe. Each year the ABA authors over 1, books, periodicals, and newsletters, creating one of the world's richest storehouses of legal knowledge.

The ABA offers countless resources to lawyers, judges, law students and those who are interested in law-related issues. Activate Your Account. View details about shipping and handling, order processing, fees, orders, and product returns. She has worked on a number of high-profile cases, representing clients including Procter and Gamble, Avery Dennison and a famous US clothing retailer. He is also highly experienced in border control proceedings and parallel importation matters. As Community trade marks cover the European Union, the question was put to the Court in how many Member States a Community trade mark is to be used to avoid becoming vulnerable to cancelation for lack of genuine use.

The Court insists that the CTM should be used in accordance with its essential function and for the purpose of maintaining or creating market share within the European Community. It is for the referring court to assess whether the conditions are met in the main proceedings, taking account of all the relevant facts and circumstances, including the characteristics of the market concerned, the nature of the goods or services protected by the trade mark and the territorial extent and the scale of the use as well as its frequency and regularity.

Amsterdam: Joris van Manen vanmanenj hoyngmonegier. The conference will take place in New York on 28 and 29 January and will be organised by the American Conference Institute. Spectrum Brands challenged the decision of the Board before the General Court. The Court likewise refers to the allegation set forth on behalf of Philips concerning the treatment of the Court in cases of neologism, which clearly imply that the expression resulting from a combination of words must be sufficiently far removed from that produced by the mere combination of the meanings of its parts.

The Court finalizes by stating that it is sufficient that one of the absolute grounds for refusal listed in article 7 1 CTMR applies to make it non registrable. The full text of the judgment can be read here.

How To Trademark a Business Name in Australia

Laura Alonso acted on behalf of Philips. Click here to view the decision Dutch. A copy of the decision is to be found in Dutch here or here for an English translation. Hoyng Monegier's Brussels office organises a review of the key developments in IP in the past year and a forecast of what's to be expected in The seminar will be held at the Brussels office on Tuesday 26 February from 1pm to 5pm.

To register for this seminar, please send an email to brussels hoyngmonegier. Click here to read an article by Alvaro Velazquez published in the February edition of Intellectual Property Magazine: Comment on the Spanish Supreme Court's decision that there must be no delay on the effectiveness of the European patents set out by the EPC.

The difference between Botanical names and Trade Marks

Hoyng Monegier's Spanish office acted for Envac in this matter. Hoyng Monegier obtained an important victory for its client Astellas. Hoyng Monegier is pleased to announce that Michiel de Baat has joined the firm's patent prosecution group as Of Counsel. Michiel will be responsible for the mechanical patent prosecution area. Michiel studied physics and law at Leiden University, and has over 10 years of experience as a patent attorney in The Netherlands and Belgium.

He assists a number of companies in developing and implementing intellectual property rights policies, focusing on patents not only as a means of protection, but also as a commercial instrument.

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He brings a wealth of experience in different areas, in particular in the automotive and agricultural industries. Hoyng Monegier obtained a victory for Danisco before the Dutch Court of Appeal with important implications for the legal practice. The Court of Appeal ruled that Bericap does not preclude an award of legal costs in case the invalidity is raised in connection with the enforcement of this patent.

Click [ here ] to download the judgment in Dutch. Click here to view the conference's program. Fabienne Brison will be speaking about copyright at Entreprise Europe Vlaanderen. Click here for more information about this seminar. On 20 September , Marlou van de Braak will debate trademarks in social media and hot trademark topics Read more on the recommendations.

The Chambers Global results are online. We are proud of the excellent results for our teams and the firm as a whole. Sources say: "A pragmatic team with a business-focused outlook and wide-ranging experience. For more information, please click here.

The Global Awards recognize leading firms from over 40 jurisdictions worldwide and highlight firms, individuals and companies driving the IP market at an international level. Click [here] to download the judgment in Dutch. Amsterdam: "It is unique among its competitors in offering top-tier patent litigation skills alongside deep-seated prosecution know-how. Clients profit from seamless integration of the two departments. Paris: "The firm occupies an unusual space in the French market, situated between compact boutiques and global commercial powerhouses.

Madrid: "As well as accepting incoming work from across the firm network, its cadre of experienced practitioners are highly sought after in their own rights " See programme. In a patent case that was mainly handled by Hoyng Monegier's patent attorney Michiel de Baat the competitor's patent was nullified completely. Both Enpros and Smartseal inventor Naesje developed a drinking container having a spout with valve that opens upon sucking the spout. Enpros requested nullification of the Dutch part of EP 1 registered in the name of Naesje based on added matter, novelty and inventive step objections.

Read the judgment in Dutch. Hoyng Monegier obtained an important victory for Lundbeck at the Supreme Court. In a landmark decision, the Supreme Court overturned the decision of the Court of Appeal as it was held to be wrong in law. The case was referred back to the Court of Appeal for further handling. See attached decision Spanish. The appeal decision, upon the challenge filed by our team, dismissed the appeal brought by ACI against the Judgement of Commercial Court No. For the programme visit the conference website. More information on the lectures is to be found here.

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Fabienne Brison will discuss recent developments in copyright at the seminar 'Actualia intellectuele eigendomsrechten' in Gent. Open link to download programme. Spanish IP expert Laura Cantero wrote an article for Intellectual Property Magazine with a brief comment on the preliminary draft bill of March amending, among others, the Spanish Copyright Act, aimed at strengthening tools to fight piracy. You can find the article here. Moreover, it provides a critical and comprehensive evaluation of the most important cassational judgments rendered in and in the field of patent law. You can read the full article here website Oxford journals.

Euronext runs the Dutch stock exchange Euronext Amsterdam, and publishes the AEX-index which tracks the value of the 25 biggest funds traded there. TOM is an alternative exchange, where both stock and options can be traded. These options were offered to the public by BinckBank under the same ticker as Euronext's own index options. By order of the Court TOM had to change its ticker symbols and to inform its customers that it had infringed on Euronext trademark rights.

The preliminary ruling precedes a full trial, in which more issues are raised. The full text of the judgment can be read here Dutch. In the last years, the advertisers of toothpastes for sensitive teeth have filed against each other several complaints before the Jury of Autocontrol, which has allowed the Self-Regulation Organisation to draw an interesting body of advertising law doctrine regarding several aspects of the advertising of these products in the border between medicines and cosmetics.

The author concludes offering some teachings arising from such doctrine, which may serve as a guideline for the advertisers of this kind of products. This article was written by Alvaro Velazquez. Can a Court decision from a foreign judge paralyze your entire European operation? Is it safer to stock goods in a distribution center or on your premises? Panel discussion and round table with Prof. Johan Erauw, Prof. Willem Hoyng and others to hear expert insights on essential questions including:.

Is Solvay limited to preliminary cross-border injunctions in the strict sense? Or can it be applied to ex parte requests and descriptive seizures including effective seizure measures? What is the likely impact on distribution centers? Does Solvay have an influence on other intellectual property rights such as copyright?

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What are the different approaches in Belgium, the Netherlands and France? Speakers : Prof. Johan Erauw University of Ghent , Prof.