Bad Faith and Intent to Use

According to Austrian law, reasons for trade mark invalidity, such as bad faith, can be raised as defences in an infringement action. Such defences have to be decided as preliminary questions. For deciding on bad faith we have two decisions of the CJEU (Court of Justice of the EU) as guidance, namely C529/07 Chocoladefabriken Lindt … >> read more

01.02.2015

“ski in ski out”

This is a registered Community trade mark. Its owner and plaintiff owns a hotel in an Austrian skiing area situated directly at the skiing slope so that one can directly ski to and from the hotel. The defendant owns a restaurant in the same skiing area. It advertises its business indirectly that its restaurant lies … >> read more

01.07.2014

Compensation and Damages

Recently two decisions were handed down regarding payments for infringement of IP rights, one in a copyright case concerning use of a databank (4 Ob 133/13g), and one in a trade mark case concerning the mark GRANT’s for artificial whisky sold in cans (4 Ob 182/13p). Both were actions by stages. In both cases infringement was established and … >> read more

01.06.2014

“Withdrawal of Consent to Use”

An inventor (plaintiff) has concluded a contract with a firm (defendant) to market together his invented product under his trade mark. The contract was concluded for an unlimited period without clauses for termination. The firm made substantial investment in tests and development of prototypes to make the product fit for the market. But after some … >> read more

01.05.2014

“Flower of Life”

In this issue, we report on a recent decision handed down by the Austrian Supreme Court in relation to a design infringement case. Both parties to the proceedings produce jewellery with esoteric symbols. The plaintiff relied upon unregistered Community design rights for a ring in the shape of the “flower of life” symbol – a … >> read more

01.04.2014
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