Europa Approximation of laws – Cosmetic products – Packaging and labelling – Directive 76/768 – Measures to prevent advertising attributing to cosmetic products characteristics which they do not possess – Ban on . .
The court was asked as to whether the on-line marketplace site defendant was liable for trade mark infringements by those advertising goods on the web-site. Held: The ECJ had not yet clarified the law on accessory liability in trade mark infringement, and the legislation remained unclear. Many of the direct sellers were held to be … Continue reading L’Oreal Sa and Others v Ebay International Ag and Others: ChD 22 May 2009
Directive 76/768 on the approximation of the laws of the Member States relating to cosmetic products has provided exhaustively for the harmonization of national rules on the packaging and labelling of the products at issue. A Member State fails to fulfil its obligations under Directive 76/768, therefore, where its legislation exceeds the limits of the … Continue reading Commission v France (Rec 1993,p I-2289) (Judgment): ECJ 5 May 1993
ECJ Opinion – Information society – Search engine – Keyword advertising – Operator of electronic marketplace – Keywords corresponding to trade marks – Directive 89/104/EEC (‘Trade Mark directive’) – Articles 5 and 7 – Regulation (EC) No 40/94 (‘Community Trade mark regulation’) – Articles 9 and 13 – Liability of an operator of electronic marketplace … Continue reading L’Oreal SA, Lancome parfums et beaute and Cie, Laboratoire Garnier and Cie, L’Oreal (UK) Limited v eBay International AG, eBay Europe SARL, eBay (UK) Limited: ECJ 9 Dec 2010
ECJ Approximation of laws – Articles 30 and 36 of the EC Treaty (now, after amendment, Articles 28 EC and 30 EC) – Directive 76/768/EEC relating to cosmetic products – Directive 84/450/EEC concerning misleading advertising – National legislation laying down restrictions on advertising. Judges: J-P. Puissochet, P Citations: C-99/01, [2002] EUECJ C-99/01 Links: Bailii European, … Continue reading Linhart v Hans Biffl: ECJ 24 Oct 2002
ECJ Reference for a preliminary ruling: Bundesgerichtshof – Germany. Article 6(1)(d), last sentence, of Directive 76/768/EEC, as amended by Directive 93/35/EEC – Prescribed labelling ‘impossible for practical reasons’ – Justification for putting abbreviated forms of compulsory warnings on the containers and packaging of cosmetic products – Information provided in nine languages in the interests of … Continue reading Hans Schwarzkopf GmbH and Co KG v Zentrale zur Bekampfung unlauteren Wettbewerbs eV: ECJ 13 Sep 2001
ECJ Interpretation of Article 30 of the EC Treaty and Council Directive 76/768/EEC – Cosmetic products – National legislation imposing advertising restrictions. Citations: C-77/97 Statutes: Council Directive 76/768/EEC, EC Treaty 30 Jurisdiction: European Media Updated: 08 May 2022; Ref: scu.162062
The claimant alleged that disparaging adverts by the defendant infringed its trade marks and amounted to the tort of malicious falsehood. Held: There was no dispute that the mark had been used. The Act could not be used to prevent any use of another’s trade mark in comparitive advertising. In this case the advertisement, though … Continue reading British Airways Plc v Ryanair Limited: ChD 25 Oct 2000
