IP Bulletin – October Edition

KEY CASES AND DEVELOPMENTS

• Lego Juris A/S v OHIM and MEGA Brands Inc, ECJ- registrability of Lego brick. The ECJ has dismissed Lego's appeal against the EU General Court's decision that its trade mark, consisting of the three-dimensional shape of a Lego brick, was invalid under Article 7(1)(e)(ii) of the CTM Regulation. (See the November 2008 and Jan 2010 Bulletins for the reports on the CFI judgment and Advocate General's Opinion respectively).
• Oracle America, Inc (formerly Sun Microsystems, Inc) v M-Tech Data Ltd and another, Court of Appeal – judgment in parallel imports case set aside. This case was an appeal from Kitchin J's judgment in which he had granted summary judgment to the claimant, Sun Microsystems, Inc – now Oracle America, Inc. The Court of Appeal has set aside the High Court's decision.