Law and democracy in an age of economic protectionism
How we treat foreign investors and traders in Europe is not just a matter of their rights. It is also a matter of our rights and interests. Whether we, as Europeans, can buy electronics from Chinese manufacturers is as much a matter of these manufacturers’ freedom to operate on the European market as it is a matter of our freedom to choose suppliers and to engage in trade with whom we want. Whether European contractors must compete with their Turkish counterparts for public infrastructure works in the EU is as much a matter of the Turks’ freedom to provide their services to European governments as it is a matter of our right to have our public funds spent efficiently. Obviously, these rights and freedoms are not absolute and can be limited for the sake of other important values. But the decision to do so is a consequential one.
Third-party use of a trademark in a prize draw: Permissible use or infringement?
Can a renowned trademark be used to encourage participation in a contest? Is displaying someone else’s trademark as a promotional prize merely informational, or is it trademark infringement? The Court of Justice addressed this issue in its judgment of 11 January 2024 in C-361/22, Inditex. The case involved a promotional campaign in the form of a contest, where the prize was a gift card from a well-known fashion brand. The promoter used the brand’s logo in a depiction of the card without the proprietor’s permission.
Price reductions under CJEU scrutiny: What does the new judgment change for consumers and retailers?
On 26 September 2024, the Court of Justice issued a major ruling on consumer protection in the context of presentation of product prices and use of discounts in advertising campaigns. The judgment in C-330/23, Aldi Süd, will be crucial for businesses operating in the EU, including Poland.
Sanctions: Commission Guidance does not give full certainty
Court of Justice clarifies the notion of “legal advisory services” under EU sanctions law and throws into doubt the Commission’s interpretation.
US secondary sanctions: The Court of Justice interprets the EU Blocking Statute
On 21 December 2021, the Court of Justice of the European Union issued a long-awaited judgment on the interpretation of the EU Blocking Statute in C-124/20, Bank Melli. Although the ruling does not dispel all doubts, it does set the direction for interpretation and shows that even imperfect regulations must be applied.
Should the appearance of a bicycle be subject to copyright protection?
A typical bicycle has two wheels of equal size, handlebars, a frame, and a chain drive for the rear wheel. But do individual bicycle models deserve copyright protection? And if so, what factors determine whether they are granted such protection? These questions were addressed by the Court of Justice of the European Union in a judgment delivered on 11 June 2020.
Testarossa: The ins and outs of genuine use of a trademark
Does the sale of replacement parts and accessories for Testarossa cars and used Testarossas qualify as genuine use of the Testarossa trademark? If so, is the mark used only for high-priced luxury sports cars, or for the whole category of cars?
The shape of Ritter Sport, and other chocolate disputes
On 23 July 2020, the ten-year dispute over the square packaging of Ritter Sport chocolate ended. The proceedings were held in Germany, but the decision may provide guidance to courts of other states on how to interpret the notion that shape can add significant value to a product.
What will YouTube not tell you about an intellectual property infringer?
For years, film distributors have been fighting against illegal sharing of movies on the internet. The enforcement of rights before the courts is hampered in particular by the functioning of the platforms on which the films are posted, including the users’ relative anonymity. In a recent judgment, the Court of Justice of the European Union held that YouTube and Google are not obliged to turn over data to holders of IP rights allowing them to identify users who have infringed their rights. Which data? More below.
End of the road for the secondary market in e-books and video games?
In recent months, perhaps more than ever, life has moved online. Some people spend their time reading e-books or playing video games. Can they later resell or exchange such “used” works? A recent ruling by the Court of Justice throws into doubt the secondary trading in digital goods.
Must car-rental companies pay royalties to collective management organisations?
If a rental car is equipped with a radio, should the rental company pay royalties to a collective rights management organisation? The Court of Justice recently addressed this issue.
Is a warehouse operator responsible for storing counterfeits?
The CJEU held that a company that only stores goods without knowing they are counterfeits does not infringe trademarks. So can logistics operators sleep easy? Not really.
