Trade Marks in Online Marketplaces: The CJEU’s Stance in L’Oreal v. eBay

Post by Enrico Bonadio On July 12, 2011 the Court of Justice of the European Union (CJEU) gave its decision in L’Oréal v eBay (C-324/09). The CJEU dealt with inter alia the following issues: (1) the aspects related to the nature of the goods sold by eBay’s users; (2) the liability of eBay in connection … Continue reading

Protecting Intellectual Property Rights Through EU Customs Procedures

This article addresses the EU legislation on customs action against goods suspected of infringing intellectual property rights (IPR) and in particular Council regulation No 1383/2003 of 22 July 2003. Preliminarily, it deals with the impact of counterfeiting activity and the ways counterfeit and pirated goods are usually marketed. Reference is made to the relevant regulations … Continue reading

Do You Mind My Smoking? Plain Packaging of Cigarettes Under the TRIPS Agreement

Plain packaging, a new tobacco control tool that is currently being considered by a growing number of countries, mandates the removal of all attractive and promotional aspects of tobacco product packages. As a result, the only authorized feature remaining would be the use of brand name, which would be displayed in a standard font, size, … Continue reading