SONN Patentanwälte – IP Attorneys

  1. National rules on patent infringement are irrelevant for the EPO

    For the purpose of examining whether the requirement of Art 123 (3) EPC that the European patent shall not be amended in such a way that its scope of protection is extended are complied with, national infringement laws, for example with regard to contributory infringement, are not taken into account...

  2. Rendering of Accounts for Trademark Infringement

    A hotel in a skiing area known for its bar featuring scantily-clad dancing girls was found to have an infringing trade mark. The lower courts issued an injunction in a first partial judgment. A further partial judgment was made requesting accounts of the turnover earned in connection with the...

  3. 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)...

  4. "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...

  5. 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...

  6. "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...

  7. "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...

  8. No infringement through exposition abroad

    The Austrian Supreme Court (OGH 4 Ob 140/13m) had to deal with the question whether the offer for sale at international expositions in foreign countries (Germany, Turkey) is an infringement of an Austrian patent.

    The Supreme Court reasoned that it follows from the principle of...

  9. Austrian Supreme Court dismisses infringement action on design rights

    Supreme Court decisions on the infringement of design rights are rare in Austria. In a recent case, the holder of a registered design setting out a grave light with a heart-shaped feature on its front sued a competitor for marketing an allegedly infringing product.

    The action...

  10. When the scorpion stings

    In a case on trade mark infringement, the Austrian Supreme Court developed its previous case law on the scope of protection of trade marks. The decision also deals with the defence of non-use of the plaintiff's mark in the past with respect to intermediary rights.

    The plaintiff...

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