Recent case law of the General Court on trade marks

This e-presentation gives an overview of recent rulings adopted by the General Court as regards trade mark registration in bad faith (e.g.:T-456/15, Energy drink, T-107/16, Airhole Facemasks, T-132/16,Paypal), absolute grounds for refusal (e.g: T-20/16, Chevron, T-432/16, Lackmann Fleich), likelihood of confusion, and the highly debated issue of trade marks which fulfil a technical function with the famous Kit Kat ruling currently pending on appeal before the Court of Justice .

Māris Kurečko

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Question 1 of 3

Question 1: Under Art 4(2) of the Information Society Directive (Directive 2009/29) , the distribution right shall not be exhausted:

within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder or with his consent.

at international level in respect of the original or copies of the work, except where the first sale or other transfer of ownership of that object is made by the right holder or with his consent.

within the Community in respect of the original of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the right holder and without his consent.

Question 2 of 3

Question 2: According to the Information Society Directive, exhaustion of the distribution right applies:

to the intangible object of a protected work.

to the tangible object of a protected work.

to both intangible and tangible object of a protected work.

Question 3 of 3

Question 3: In order to avoid infringement of reproduction right, the original acquirer reselling copy of a computer program:

must make own copy unusable.

must make own copy usable for a limited time period.

must save a copy of the work.