IP In The News – 9 October 2015


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Summary: Our regular update on developments in the world of IP, this week featuring an ECJ ruling on the Safe Harbor scheme and a trade mark invalidation case involving Cristal Champagne.

Data transfers to the USA and data protection

The ECJ ruled that the Safe Harbor scheme regarding the transfer of data between the EU and the USA did not comply with EU data protection law, despite a previous Commission decision approving its principles. The case was brought following the Snowden revelations, with the ECJ concluding that US law permitted use of data beyond what is strictly necessary. The case has wide-ranging implications, such as for corporate groups with a US arm.

Confusion, invalidity and trade marks

Louis Roederer, owner of the Cristal Champagne brand, has succeeded in a High Court invalidity action against a Spanish wine producer’s UK trade mark registration for Cristalino Jaume Serra. The judge found the Cristal mark to have distinctive character and that the other mark took unfair advantage of and was detrimental to the distinctive character and repute of the Cristal mark.

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