Category: Global Courts
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German Court Refuses to Stop Sale of Rival Capsules Compatible with Nestlé Coffee Machines
According to news sources, the Dusseldorf Regional Court has refused a request for preliminary injunction filed by Nestlé seeking to stop competitors from selling capsules that fit its Nespresso™ coffee makers in Germany. The court reportedly ruled that Nestlé’s patent for the machine does not extend to capsules sold at a lower price by two other…
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False Ad Suits Filed in Israel Against Yogurt Makers
According to a news source, putative class actions have been filed against Strauss Group Ltd. and Tnuva Food Industries Ltd., alleging that their yogurt products, marketed as “yogurt with granola nuts” and “yogurt with granola fruit, “ respectively, mislead consumers because they contain so little nuts or fruit. Seeking NIS 72 million (US$17.8 million) from…
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WTO Rejects U.S. Appeal in COOL Dispute
The World Trade Organization Appellate Body has partially rejected the U.S. Office of the Trade Representative’s (USTR’s) appeal in a dispute with Canada and Mexico over “country of origin” labeling (COOL) for beef and pork products. After WTO’s Dispute Settlement Panel ruled in November 2011 that specific provisions of the U.S. COOL program provided less…
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EU General Court Finds Scotch Maker’s “Royal Shakespeare” Trademark Invalid
The European Union (EU) General Court has affirmed a ruling of the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and dismissed the application of a beverage company to register “Royal Shakespeare” as a word mark for its scotch whiskey. Jackson Int’l Trading Co. Kurt D.…
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WTO to Field Dispute over India’s Restrictions on U.S. Poultry
The World Trade Organization (WTO) recently agreed to a convene a dispute settlement panel to investigate India’s restrictions on the importation of U.S. poultry, eggs and other agriculture products purportedly due to concerns over avian influenza. The U.S. Trade Representative (USTR) apparently requested the panel after failing to resolve the dispute during an April 16-17,…
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EU Court of Justice Confirms That Bunny Shape Cannot Be Registered as Trademark
The European Union (EU) Court of Justice has affirmed a General Court ruling that confectioner Lindt & Sprüngli, AG cannot register certain three-dimensional shapes, their colored wrappings or ribbons as European Community trademarks. Chocoladefabriken Lindt & Sprüngli AG v. Office for Harmonisation in the Internal Mkt. (Trademarks and Designs), Case No. C-98/11 P (E.C.J., decided May…
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EU Court of Justice Finds Certain Dutch Eco-Contracting Requirements Unlawful
The Court of Justice of the European Union (EU) has agreed, in part, with the European Commission’s challenge to requirements imposed by the Dutch government on contractors providing organic and fair trade products in its automatic coffee machines. EC v. Kingdom of the Netherlands, No. C-368/10 (E.C.J., decided May 10, 2012). According to the Court,…
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Australian Court Finds KFC Liable for Injury Caused by Salmonella-Tainted Chicken
An Australian court has reportedly awarded $8 million to the family of a girl who allegedly ate a Salmonella-contaminated chicken product from a KFC restaurant and became critically ill with organ system failures, septic shock, severe brain injury, and spastic quadriplegia. Samaan v. Kentucky Fried Chicken Pty Ltd., No. 2006/20457 (NSW Sup. Ct., decided April…