Blackberry Cordial; Siemens 5 Vipa Again

The Register (cyberspace). And this is what Research inwards Motion (the BlackBerry people) says.

The Register (cyberspace). And this is what posted a weblog on the European Court of Justice ruling inwards Case C-59/05 Siemens v VIPA. His practiced friend Tim Pinto - who has read the judgment to a greater extent than carefully than the Kat - observes that zilch inwards the ECJ ruling truly says that the reference for a preliminary ruling came from a merchandise grade infringement case. Indeed, it appears that Siemens sued for unfair contest nether paragraph half dozen UWG (the High German deed against unfair competition), which implements Directive 84/450, only non merchandise grade infringement. He adds:

"As y'all know, the human relationship betwixt (a) 84/450 (as amended yesteryear 97/55) as well as (b) the CTMR as well as TM Directive is controversial, so the importance of clarifying the point".

Below: the IPKat doesn't claim to cause got a monopoly of the incorrect answers ...

Many thanks, Tim - as well as you're right, of course. However, the illustration is yet a merchandise grade case. The reference sought clarification of the pregnant of Article 3a(1)(g) of Directive 84/450, which refers to practices relating to merchandise marks. Here's what the courtroom says inwards para.24:

" It follows that the create goodness of comparative advertising to consumers must necessarily live on taken into draw concern human relationship inwards determining whether an advertiser is taking unfair payoff of the reputation of a merchandise mark, merchandise holler or other distinguishing marks of a competitor".

At to the lowest degree 1 one-half of the IPKat submits that, inwards an activity for merchandise grade infringement nether Article 9(1)(c) of Council Regulation 40/94 or Article 5(2) of Council Directive 89/104, citing the taking of unfair payoff of the reputation of a merchandise mark, the courtroom would cause got taken precisely same view.