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22 March 2010

Europe expects clarification on Google keywords issue

Practitioners are awaiting the decision of the Court of Justice of the European Union on whether Google's business model of selling adverts based on trademark terms constitutes infringement.

24 February 2010

'Crafty' domain name and mark owner chastised in AG opinion

Advocate General Trstenjak has issued her opinion in Internetportal und Marketing GmbH v Schlicht. This case, referred to the ECJ by the Oberster Gerichtshof, Austria, turned on a little-known provision of EU law: Article 11 of Commission Regulation 874/2004 on the implementation of the '.eu' regime.

22 September 2009

Google gains early advantage in key European AdWords case

The advocate general of Europe's highest court today gave his backing to Google's controversial AdWords system, which allows advertisers to purchase third-party trademarks as keywords to trigger sponsored links in search results.

23 June 2009

Quick off the MARQUES: new chair sets out his agenda

It is a challenging time for trademarks: a financial crisis is cutting into IP teams' budgets, legislative harmonization is increasingly strained and the expansion of the domain name system could expose trademark owners to countless infringements. WTR caught up with Guido Baumgartner, chair of MARQUES, to hear what the organization is doing on behalf of trademark owners.

22 February 2009

European Union

The selection of a pharmaceutical trademark is increasingly complex given the size of the pharmaceutical market, the burgeoning number of pharmaceutical trademarks and the increasing number of languages in which those trademarks are registered.

03 September 2008

Amended proposal for ‘.eu’ class complaint issued

The Czech Arbitration Court has submitted an amended version of its proposal to introduce the so-called class complaint to the '.eu' dispute resolution procedure. One of the changes concerned the reference to the person entitled to represent several complainants, which was changed from "a single person" to "a single authorized representative".

07 May 2008

United Kingdom

UK trademarks are governed by: - the Trademarks Act 1994, as amended; - the Trademarks Rules 2000, as amended;...

29 January 2008

New regulation updates '.eu' TLD registration

The European Commission has adopted Commission Regulation 1255/2007, which regulates the implementation and functions of the '.eu' top-level domain and the principles governing registration. The regulation contains an updated list of names registered or reserved for registration by EEA member states, EU member states and candidate countries.

11 September 2007

Domain name management

With over 2.4 million ‘.eu’ domain names registered since its launch a year ago, the ‘.eu’ domain is certainly proving popular. Despite early teething problems the sunrise periods gave rights holders the opportunity to register their key domain names. The alternative dispute resolution procedure established provides a further mechanism through which rights holders can enforce their IP rights

08 May 2007

Game over as panel overturns generic domain name registration

An '.eu' ADR panel has overturned a registration for 'game.eu', finding it had been based upon a bad-faith trademark registration. The case shows how trademarks consisting of generic words may be accepted for goods for which the words are non-descriptive, enabling holders of such registrations to acquire generic, and valuable, '.eu' domain names.

13 November 2006

EURid unblocks 74,000 '.eu' domain names

EURid, the body responsible for managing the '.eu' domain, has announced that it has been ordered by a Belgian court to unblock 74,000 domain names it had blocked on suspicion that they had been registered by registrars to sell for a profit, which is forbidden by the EURid registrar agreement. For the time being, the reasoning of the court is not known and the final judgment is eagerly awaited.

12 October 2006

City wins transfer of 'Helsinki.eu'

A panel appointed by the Czech Arbitration Court to decide '.eu' Alternative Dispute Resolution cases has upheld the city of Helsinki's complaint regarding the registration of the domain name 'Helsinki.eu' by Dutch company Traffic Web Holding BV. The panel held that despite the Dutch company's registration of the mark HELSI & NKI (device) in Benelux, it had no legitimate interests in the disputed domain name and had registered it in bad faith.

07 September 2006

Memorex wins in first wave of '.eu' cybersquatting cases

While the first round of '.eu' domain name decisions were against the '.eu' registry, trademark owners are now successfully challenging cybersquatters. In Memorex Products Europe Limited v Goallover Limited, the panel was faced with a respondent who had registered the trademark MEMO REX the day before it applied for the domain name 'memorex.eu', and had 132 similar sunrise applications.

26 July 2006

EURid suspends 74,000 '.eu' domain names on suspicion of warehousing

EURid, the '.eu' registry, has announced that it has blocked 74,000 '.eu' domain names and issued legal proceedings against 400 '.eu' registrars for breach of contract. The suspicion is that the domain names were registered by phantom companies for registrars, in violation of the registrar agreement which forbids warehousing practices. EURid plans to make the suspended domain names available for new registration following the conclusion of the proceedings.

24 July 2006

BARC & ELONA mark owner has no rights in 'barcelona.eu'

A panel appointed by the Czech Arbitration Court to decide '.eu' Alternative Dispute Resolution cases has called for the transfer of the domain name 'barcelona.eu' to the governing authority of Barcelona. The panel agreed that the registrant, the owner of the Benelux trademark BARC & ELONA, could use its prior rights to apply only for 'barcandelona.eu', not 'barcelona.eu'.