The Legal 500

In the first case of its kind to be decided by a higher court in Sweden, the Court of Appeal finds no probable cause for infringement where a competitor’s trade mark was used for keyword advertising on Googles AdWords service.

As a consequence of a number of copyright rulings from the CJEU, the Swedish threshold of originality requirement is being superseded by an EU originality criterion. In this article, Henrik Bengtsson, IP expert at Delphi in Stockholm, reports on the development and the possible impact on the harmonisation of Swedish copyright law.

In one of the first Google AdWords cases to be decided in Sweden, the court finds no probable cause for trade mark infringement where a company has bought its competitor’s trade mark as a search term on Google. Counsel for the plaintiff, Gärde Wesslau’s Petter Holm, comments on the decision.

Parliament has decided to introduce a new trademarks act which is to replace the existing
Trade Marks Act (1960:644) and the existing Collective Marks Act (1960:645). Parliament’s
decision is based on the government bill 2009/10:225. The new act also involves some
amendments to the Trade Names Act (1974:156). The act takes effect 1 July 2011.

This IP/TMT newsletter from Hammarskiöld & Co focuses on news and current topics within the areas of Marketing -, IT - and Intellectual property law.

This Hammarskiöld & Co newsletter from the IP/TMT group discusses the latest news regarding the IPRED-case, the new Trademark Act and an interesting case from the Court of Justice of the European Union.

If someone else is using my trademark as a keyword for advertisements leading to their website; does that constitute a trademark infringement? The ECJ has answered that question and others in a number of decisions.

If someone else is using my trademark as a keyword for advertisements leading to their website; does that constitute trademark infringement? The European Court of Justice has answered that question and others in recent decisions.

Law360, New York (April 02, 2009) -- Over the last several years, competition between branded and generic drugs have become an increasingly important focus for U.S. antitrust authorities and private antitrust plaintiffs.

Summary 

Internet Service Providers and other parties in the distribution chain can be ordered to supply information on suspected infringements by way of a simplified court procedure.

Compensation to be awarded for publication of court judgments.
Specified criteria laid down for calculation of damages.

Prohibitive injunctions and corrective measures now also applicable to attempted infringement and to conspiracy to commit infringement.

This Hammarskiöld & Co newsletter from the IP/TMT group discusses recent developments in media law, marketing law and IT law.