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Trade marks

11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
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PI-Design AG and other companies v Yoshida Metal Industry Co Ltd C-337/12 P to C-340/12 P, [2014] All ER (D) 286 (Mar)

Pursuant to Art 4 of Council Regulation (EC) 40/94 (on the Community trade mark) (the Regulation), so far as Community trade marks were concerned, a sign representing the shape of a product fell among the signs which might constitute a trade mark provided that it was capable of being represented graphically and capable of distinguishing the products or services of one undertaking from those of other undertakings. It was also apparent from the case-law of the Court that each of the grounds for refusal of registration listed in Art 7(1) of the Regulation should be interpreted in the light of the public interest underlying that ground. In that context, the Court had had occasion to point out that Art 7(1)(e)(ii) of the Regulation was intended to prevent trade mark law granting an undertaking a monopoly on technical solutions or functional characteristics of a product. Further, the court had also had occasion to make clear that

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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