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11 April 2014
Issue: 7602 / Categories: Case law , Law digest , In Court
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Trade marks

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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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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