Fordham IP Institute

26th Annual Conference Begins

DAYS HRS MNS SECS

EU Trade Mark Developments

Trademark 10A
 

Moderator:

James Nurton
Managing Intellectual Property, London

Speakers:

Dimitris Botis
Deputy Director for Legal Affairs, International Cooperation & Legal Affairs Department (European Union Intellectual Property Office), Alicante
The reform of the EU trademark system: New representation requirements for non-traditional trademarks
On 23 March 2016 the first phase of the reform of the EU trademark system was completed with the enactment of the new EUTM Regulation and TM Directive. One of the most important changes brought about by the new legislation was the abolishment of the ‘graphical representation requirement’ from the definition of EU trademarks. The new rules lay down the representation requirements for non-traditional trademarks.  Presentation
Hon. Maria Eugénia Martins de Nazaré Ribeiro
Formerly Judge of the General Court of the European Union, Luxembourg
The unitary character of the EU trademark: recent CJEU case-law concerning infringement proceedings and the territorial scope of injunctions
 
Anna Carboni
Redd Solicitors LLP, London
Trademark Jurisdiction in Internet Cases
Where does EU trade mark infringement take place in internet cases: where the offending sign is placed on a website, or where the target internet users are based? National courts have continued to grapple with jurisdictional issues in cases about trade mark infringement via the internet, with mixed results. The apparent consequence of one recent English judge’s decision to refuse jurisdiction to tackle an on-line trade mark infringement claim in AMS Neve Limited v Heritage Audio SL [2016] EWHC 2563 (IPEC) is that all cases involving infringement via a website based outside the EU will need to be decided by the EUTM Courts in Alicante. Can this be right? Presentation  
Prof. Peter Ruess
International School of Management, Frankfurt; Arnold Ruess, Düsseldorf
Recent law on Coats of Arms, including religious content
Most people will agree one cannot trademark and protect a crucifix, religious symbols should be open to all. But the truth is somewhat more complicated, as recent case law suggests. Especially armorial bearings such as the maltese cross are used in commerce and require protection. The presentation aims at updating the respective law on this important issue.

Panelists:

Christian Dekoninck
Crowell & Moring LLP, Brussels
Prof. Spyros Maniatis
Queen Mary University of London, London
Fordham IP Institute