Europe: What's Live?

1 Forthcoming ECJ rulings ...

From the European Court Justice's diary the IPKat learns that Case C-135/03 Commission v Spain volition hold out receiving a ruling. This illustration deals alongside the legality of Castilian legislation which appears to authorise run of the term "bio" for products which convey non been manufactured inwards accordance alongside the EU's ecological production methods. H5N1 farther case, Case C-107/04 Comité Andaluz de Agricultura Ecologica, volition have a preliminary ruling on the legitimacy of Castilian legislation over the run of the term "eco", "ecologico" as well as "biologico".

A quite unlike IP lawsuit crops upwardly inwards Case C-114/04 Commission v Germany, which is likewise due on Thursday: where a licence to sell a found protection reference production is withdrawn, precisely the parallel importers are non given an adequate transition menstruation inwards which to liquidate their stock, is Federal Republic of Federal Republic of Germany inwards breach of Article 28 EC?

Finally, for copyright enthusiasts, there's the ruling inwards Case C-192/04 Lagardère Active Broadcast, which addresses the constabulary applying to fees payable past times a broadcasting company, transmitting from the territory of i Member State, where it uses a transmitter situated nearby on the territory of to a greater extent than or less other Member State, the licence-holder of which is its majority-held subsidiary: tin that fellowship deduct from its broadcasting fees the total paid past times its subsidiary?

2 ... summation to a greater extent than or less Court of First Instance rulings

On Midweek nosotros acquire judgment inCase T-242/02 Sunrider v OHIM (refusal to let registration of the discussion TOP every bit a Community merchandise score for for certain products inwards Classes five as well as 29. Judgment is likewise beingness handed downwards inwards Case T-40/03 Murúa Entrena v OHIM - Bodegas Murúa (Julián Murúa Entrena). Here nosotros convey an application to register the figurative score "Julián Murúa Entrena", opposed past times the possessor of the national as well as international discussion score "Murúa".

On Th nosotros acquire the determination inwards Case T-312/03 Wassen International v OHIM - Stroschein Gesundkost. This is an appeal brought past times the applicant for the discussion score SELENIUM-ACE for products inwards Classes iii as well as 5, challenging the determination of the Opposition Division as well as Board of Appeal to turn down registration next an opposition proceedings brought past times the possessor of the before figurative score SELENIUM A-C-E for diverse items inwards Classes five as well as 30. We likewise convey Case T-126/03 Reckitt Benckiser (España) v OHIM - Aladin , where the possessor of the national discussion score ALADDIN for goods inwards Class iii has as well as so far failed to block an application for registration of the Community discussion Mark ALADIN for for certain goods inwards classes 1, 3, 35, 37 as well as 42.

3 ... as well as don't forget Deutsche SiSi as well as Picasso

On Th the Advocate General likewise gives an Opinion, inwards Case C-173/04 P, inwards i of the IPKat's favourite cases, Deutsche-SiSi Werke v OHIM. This is an appeal from the refusal of OHIM, the Board of Appeal as well as the Court of First Instance (CFI) to let the registration every bit a Community merchandise score of a form of pouch for containing soft drinks. There's likewise a hearing of the appeal past times the estate of the belatedly Pablo Picasso inwards Case C-361/04 P Ruiz-Picasso v OHIM, an appeal against the CFI's refusal to halt registration of PICARO for motor vehicles on the footing of a likelihood of confusion alongside their before PICASSO registration of a merchandise score for the same goods.

4 Amendments to Community merchandise score constabulary

The 5 July issue of the European Commission's Official Journal carries the text of 2 pieces of amending legislation on the Community merchandise mark. They are

* Commission Regulation 1041/2005 of 29 June 2005 amending Regulation 2868/95 implementing Council Regulation 40/94 on the Community merchandise score and

* Commission Regulation 1042/2005 of 29 June 2005 amending Regulation 2869/95 on the fees payable to the Office for Harmonisation inwards the Internal Market (Trade Marks as well as Designs).

Their contents are manifestly from their descriptive titles