References to the European Court of Justice (ECJ)
2008
| Case and Subject | Parties | Legislation | Pre-hearing | Hearing and after |
|---|---|---|---|---|
| C-428/08 Can the protection afforded by Article 9 of the Directive be invoked even in a situation where the product forms part of a material imported into the EU and does not perform its function in the past or would possibly be able to perform such a function again after having been isolated from that material and inserted into the cell of another organism. | Monsanto Technology | Articles 8 and 9 of Directive 98/44/EC | Comments by 21 November 2008 Deadline for UK observations: 21 January 2009 | |
C-394/08  The CFI changed the subject matter of the proceedings and took into accounts facts and matters that extended the context of the dispute and that the CFI breached Article 8(1)(b) of the Trademarks Regulation by assessing the relevant language as being the primary language of the Member State and in its method for assessing the likelihood of confusion. | Zipcar Inc v OHIM | Article 8(1)(b) Trademarks Regulation | Comments by 21 November 2008 Deadline for UK observations: 18 December 2008 | |
| C-324/08 Where goods bearing a trade mark proprietor’s mark have previously been placed on the market within the EEA but not by him or with his express permission, must the same criteria be applied in determining whether this has occurred with the (implicit) consent of the trade mark proprietor as are applied in the case where such goods have previously been placed on the market outside the EEA by the trade mark proprietor or with his consent? | Makro Zelfbedieningsgroothandel e.a. and others v Diesel S.p.a. | Article 7(1) of First Council Directive 89/104/EEC of 21 December 1988 | Deadline for UK observations: 8 September 2008 Comments by 3 November 2008 | |
| C-302/08P Interpretation of the term 'Community trade mark' in Article 5(4) for marks with international registrations within the meaning of Article 146 e seq. | Zino Davidoff | Article 5(4) of Council Regulation (EC) No 1383/2003 and Article 146 e seq. of Council regulation (EC) No 40/94 | Deadline for UK observations 26 August 2008 Comments by 22 October 2008 | |
| C-300/08 Similarity of marks | Leche Celta SL v OHIM | Article 8(1)(b) of Regulation (EC) No 40/94) | Deadline for UK observations 12 September 2008 Comments by 10 October 2008 | |
| C-278/08 P The interpretation of Article 5(1) of First Council Directive 89/104/EEC | BergSpechte | Article 5(1) (2)and (3) of Directive 89/114/EEC | Deadline for UK observations 15 October 2008 Comments by 18 August 2008 | |
| C-236/08,C-237/08 & C-238/08 The interpretation of Articles 5 of the Trademarks Directive and 9 of the Trademarks Regulation | Google France et Google and Others | Articles 5(1)(a) and (b) and 5(2) of First Council Directive 89/104/EEC Articles 9(1)(a)(b) and (c) of Council Regulation (EC) No 40/94 Article14 of Directive 200/31/EC | Deadline for UK observations 29 September 2008 | |
| C-210/08P Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 | Sebirán SL v OHIM and El Coto de Rioja, SA | Article 8 (1)(b) of Regulation No 40/94 | Deadline for UK observations 29 September 2008 | |
| C-208/08 The interpretation of Article 6 ter of the Paris Convention and the distinction between trade marks for goods and services | OHIM v American Clothing Associates SA | Article 7(1)(h) of the Community Trade Mark Registration Article 6ter of the Paris Convention | Deadline for UK observations 25 September 2008 Comments by 29 August 2008 | |
| C-202/08 The essential function and heraldic characteristics of a state emblem | American Clothing Associates SA v OHIM | Article 7 (1)(h) of the Community Trademarks Regulation | Deadline for UK observations 25 September 2008 Comments by 29 August 2008 | |
| C-146/08P Assessment of the meaning of ‘directly and individually concerned’ in relation to Intellectual Property Rights. | Efkon AG v European Parliament and Council of the EU | Article 230 EC and Article 6 ECHR | Deadline for UK observations 18 July 2008 Comments by 15 August 2008 | |
| C-136/08 The requirement of Article 8(5) for likelihood of harm | Japan Tobacco Inc v OHIM | Article 8(5) of the Community Trade mark Regulation | Deadline for UK observations 25 September 2008 Comments by 29 August 2008 | |
| C-131/08P Whether the CFI’s assessment of the conditions of registration of a trademark are too restrictive | Dorel Juvenile Group, Inc. v OHIM | Articles 7(1)(b) and (c) of Regulation No 40/94. | Deadline for UK observations 31 July 2008 Comments by 4 July 2008 | |
| C-120/08 Preliminary ruling requested on protected geographical indication (for Bavarian Beer) under Council Regulation 510/2006 EC | Bavaria NV v Bayerischer Brauerbund eV | Council Regulation 510/2006 EC | Stayed pending the judgement in relation to C-343/07 Bavaria et Bavaria Italia | |
| C-98/08 Whether the Directive permits the Member States to adopt a national provision. | AGEDI et AIE v Sogecable S.A. and Canal Satélite Digital S.L. | Council Directive 91/100/EEC (on rental right and lending rights and certain rights related to copyright in the field of intellectual property) | Deadline for UK observations 25 June 2008 Comments by 2 May 2008 | |
| C-93/08 Customs actions against goods suspected of infringing certain intellectual property rights | SIA Schenker v Valsts ienēmumu dienests | Article 9 of Council Regulation (EC) No 1383/2003 | Deadline for UK observations 20 June 2008 Comments by 23 April 2008 | |
| C-90/08P Extension of period specified for late submission of proof of use | K & L Ruppert Stiftung & Co v OHIM | Rule 71(1) of Regulation No 2868/95 | Deadline for UK observations 20 June 2008 Comments by 29 July 2008 | |
| C-81/08P Appeal against judgement of Court of 1st Instance for confusion with an earlier trademark | Miguel Cabrera Sanchez v OHIM | Article 8(1)(b) of Regulation 40/94 | Deadline for UK observations 6 June 2008 Comments by 4 July 2008 | |
| C-62/08 The meaning of 'third party' | UDV North America v Brandtraders | Articles 9(1)(a) and (2)(d) of Council Regulation 40/94 (on the Community Trade Mark) | Deadline for UK observations 5 June 2008 Comments by 7 April 2008 | |
| C-59/08 Trademark Licensing | COPAD v Christian Dior Couture and others | Article 8(2), 7(1) and 7(2)of Directive 89/104/EEC | Deadline for UK observations 5 June 2008 Comments by 7 April 2008 | |
| C-57/08P Appeal against judgment of Court of 1st Instance for dismissing appellant’s opposition to registration of the word ‘gateway’, identifying the relevant section of the public and confusion with an earlier trademark | Gateway, Inc v OHIM | Community Trade Mark – Article 8(1)(b) and 8(5) of Regulation (EC) No 40/94 | Deadline for UK observations 18 July 2008 Comments by 15 August 2008 | |
| C-39/08 and C-43/08 Interpretation of Article 3 - Equal treatment of applicants in competition regarding the registration of Trademarks | ZVS Zeitungsvertrieb Stuttgart GmbH & Bild.T-Online.de | Article 3 of Directive 89/104/EEC | Deadline for UK observations 18 June 2008 Comments by 18 April 2008 | |
| C-32/08 Employee Rights | FEIA v Cul de Sac Espacia Creativo, SL And Acierta Product & Position SA | Article 14(3) of Regulation 6/2002 (Community Design) | Deadline for UK observations 19 May 2008 Comments by 19 March 2008 | |
| C-21/08P Interpretation by Court of First Instance | Sunplus Technology Co Ltd v OHIM & Sun Microsystems Inc | Article 8(1)(b) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 18 April 2008 Comments by 25 March 2008 | |
| C-20/08P Infringement of the duty to give reasons and misinterpretation | Enercon GmbH v OHIM | Article 7(1)(b) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 9 May 2008 Comments by 10 April 2008 | |
| C-17/08P Misinterpretation of Article | MPDV Mikrolab v OHIM | Article 7(1)(b) & (c) of Regulation No 40/94 (Community Trade Mark) | Deadline for UK observations 9 May 2008 Comments by 10 April 2008 | |
| C-5/08 Media monitoring and analysis business | Infopaq International | Articles 2, 5(1) and (5) of Directive 2001/29/EC | Deadline for UK observations 29 April 2008 Comments by 28 February 2008 |
