References to the European Court of Justice
2012
| List of references to the European Court of Justice made in 2012. Read down the first column to find the case number. Then read across the row to find the parties involved, legislation involved, details on the pre-hearing and information on the hearing outome. | ||||
| Case and subject | Parties | Legislation | Pre-hearing | Hearing and after |
|---|---|---|---|---|
C-97/12 P  An appeal against the judgment of the General Court as it dismissed the appeal against the decision of the First Board of Appeal concerning invalidity proceedings. |
Vuitton Malletier v OHIM | Article 7(l)(b) of the Community Trade Mark Regulation | Comments by 12 May 2012 Deadline to intervene 07 June 2012 |
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| C-65/12 Whether article 5(2) of the Trade Mark Directive is to be interpreted as meaning that there is "due cause" where the sign that is identical or similar to the trade mark with a reputation was already being used in good faith by the third party concerned before that mark was filed. |
Leidseplein Beheer B.V and Hendrikus Jacobus Marinus De Vries v Red Bull GmbH and Red Bull Nederland B.V. | Article 5(2) of First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks | Comments by 26 March 2012 Deadline for observations by 24 May 2012 |
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| C-42/12 An appeal against the judgment of the General Court. The grounds for appeal are that the General Court did not examine the marks at issue on the basis of the criteria of ‘global assessment’ or ‘overall impression’. |
Václav Hrbek v OHIM, Outdoor Group Ltd (The) | Article 65(2) and Article 8(1)(b) of Regulation No 207/2009 of 26 February 2009 on the Community trade mark | Comments by 13 April 2012 Deadline for observations by 10 May 2012 |
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| C-41/12 An appeal against the judgment of the General Court concerning the appellant’s views that the General Court failed to take account of all the factual background and circumstances of the proceedings, resulting in the Judgment under appeal being based on incomplete facts. |
Monster Cable Products, Inc v OHIM, Live Nation Music Limited | Article 8(1)(b) of Regulation No.40/94 on the Community trade mark | Comments by 23 March 2012 Deadline for observations by 20 April 2012 |
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| C-21/12 An appeal against the judgment of the General Court for four separate reasons including infringement of Article 7(1) (b) of the regulation due to lack of distinctive character. |
Abbott Laboratories v OHIM | Article 7(1)(c), Article 7(1)(b) and Article 75 of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark | Comments by 13 April 2012 Deadline for observations by 10 May 2012 |
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| C-14/12 An appeal against the judgment of the General Court concerning the likelihood of confusion with earlier registered marks |
Sheilesh Shah, Akhil Shah v OHIM, Three-N-Products Private Ltd | Article 8(1)(b) of Council Regulation (EC) No 207/2009 on the Community trade mark | Comments by 22 March 2012 Deadline for observations by 20 April 2012 |
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| C-12/12 Whether Article 15(1) of the regulation is to be interpreted as meaning that a trade mark which is part of a composite mark and has become distinctive only as a result of the use of the composite mark can be used to preserve the rights attached to it if the composite mark alone is used. |
Colloseum Holding AG v Levi Strauss & Co. | Article 15(1) and 7(3) of Council Regulation (EC) No. 40/94 of 20 December 1993 on the Community Trade Marks | Comments by 24 February 2012 Deadline for observations by 23 April 2012 |
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