The European Commission has plans for a revision of the European Trademark System. The plans include the amendment of the Regulation on the Community trade mark as well as a recast of the Council Directive to approximate the laws of the Member States relating to trade marks. The initiative aims at an improvement of the… Read More

The German manufacturer of cleaning equipment Alfred Kärcher GmbH & Co. KG has won a lawsuit relating to product piracy against the Chinese company Wenzhou Haibao in China.… Read More

The Regional Court of Düsseldorf decided that the sale of cheaper coffee capsules of competitive producers is not prohibited in Germany. The capsules are not essential for the patented Nespresso-system. Nestlé’s Nespresso-machine is more than just a coffee-machine – it is a lifestyle product for coffee enthusiasts. Nestlé spends enormous sums on advertising and made… Read More

Only last Wednsday the mobile phone giant Motorola achieved a stage victory in its current patent conflict with Microsoft in Germany. The Regional Court of Mannheim decided that Microsoft infringes with two of Motorola’s patents concerning the video compression standard. Among Microsoft’s infringing products are the Internet Explorer, the game console Xbox 360 and the… Read More

Unbelievable but true, genuine products can be trademark infringing – it’s all a question of exhaustion. In terms of trademark law an exhaustion of trademark rights implies that once a branded product has been placed or commercialized on the market by the trademark holder or with his consent, he cannot prohibit the further commercialization of… Read More

Impending cessation of sales of Apple’s iPad in China? The Hongkong based monitor manufacturer Proview Technologie threatens Apple with an impending cessation of sales of Apple’s iPad in China. Background of the threatening gesture is that the court of Shenzhen, China, approved Proview’s earlier trademark rights on the term “iPad” in December last year. Proview… Read More