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Thursday, 17 May 2007

Next week in the European Court of Justice

The IPKat is pleased to inform readers of the IP issues that the European Court of Justice and the Court of First Instance will be considering next week. It's going to be busy ...

Right: the Luxembourg judges will be busy bees - but how sweet will their rulings be?

On Thursday 24 May the full court will doubtless be educated, informed and entertained by the Opinion of Advocate General Ruiz-Jarabo Colomer in Case C-195/06 Österreichischer Rundfunk. This is a media law case turning on the freedom to provide services. This is a reference for a preliminary ruling from Germany on the interpretation of Articles 1(c) and (f) of Council Directive 89/552 on the pursuit of television broadcasting activities. At stake is the right broadcast a television programme offering viewers the opportunity to participate in a prize game by means of dialling a special telephone number, also considering the concepts of "television advertising" and "teleshopping".

On the same day the Eighth Chamber is holding its hearing in Case C-144/06 P Henkel v Office for Harmonisation in the Internal Market. This is an appeal brought against the decision of the Court of First Instance in Case T-398/04 Henkel KGaA v OHIM, refusing registration to a three-dimensional trade mark for detergent products in the form of a red and white rectangular tablet with a blue oval shaped centre.

Just one hour later, the court hears argument in Case C-238/06 P Develey v Office for Harmonisation in the Internal Market. This is an appeal against the Court of First Instance decision in Case T-129/04 Develey Holding GmbH & Co. Beteiligungs KG v OHIM, in which the Court of First Instance dismissed the action for annulment of a decision refusing the registration of a three-dimensional plastic bottle shape as a trade mark for goods in Classes 29, 30 and 32.

Meanwhile, the Court of Instance is also busy. On Tuesday 22 May the Fifth Chamber hears argument in Case T-57/06 NV Marly v OHMI - Erdal Gesellschaft, an action for annulment of the figurative trade mark 'Top iX' for goods in Class 3 brought by the proprietor of the international word mark 'TOFIX' for goods in Classes 3 and 4.

Later that day, the same court holds its hearing in Case T-128/06 Japan Tobacco v OHIM- Torrefacção Camelo (CAMELO). What's this about? The Curia diary observes: "The text is not available in English".

On Wednesday 23 May the CFI's Second Chamber hears argument in Case T-325/04 Citigroup (formerly Citicorp) v OHIM - Link Interchange Network (WORLDLINK). Here the applicant to register WORDLINK is trying to establish his mark in the face of opposition from the owner of an earlier national figurative mark "LINK" for services in Class 36.

The same day brings the Fourth Chamber's judgment in Joined Cases T-241/05, T-262/05, T-263/05, T-264/05, T-346/05, T-347/05, T-29/06, T-30/06, T-31/06 Procter & Gamble v OHIM (Tablette carrée blanche avec un dessin floral de couleur), an appeal against the refusal to register a three-dimensional trade mark in respect of detergent products in the form of a square white tablet with a lilac-coloured flower in the centre.

Another judgment from that court on the same day is Case T-342/05 Henkel v OHIM - SERCA (COR). This action is brought by the owner of a national word mark in Gothic type 'Dor' for goods in Class 3 against the refusal to allow its opposition to an application for registration of the word mark 'COR' for goods in Class 3.

Then comes the hearing in Case T-332/04 Sebiran v OHIM - El Coto de Rioja (Coto D'Arcis). This case concerns an opposition to the application to register the figurative trade mark "Coto d'Arcis" for products in Classes 32, 33 and 39 brought by the holder of the Community word marks "COTO DE IMAZ" and "EL COTO" for products in Classes 29, 32 and 33.

Next Thursday, 24 May is Judgment Day in Cases T-289/01 Duales System Deutschland v Commission and Case T-151/01 Duales System Deutschland v Commission. Both are really competition law cases arising from the licensing of sales packaging marketed in Germany under the trade mark 'Der Grüne Punkt' ('Green Dot').

Finally, there are hearings on Cases T-101/06 Castell del Remei v OHIM - Bodegas Roda (CASTELL DEL REMEI ODA) and T-106/06 Demp v OHIM - Bau How (BAUHOW).

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