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Tag Archives: preliminary injunction

“IP Fast Action Protocol” facilitates processing of preliminary injunctions at Mobile World Congress 2019

The Mobile World Congress (MWC), whose latest edition  took place in Barcelona from 25 to 28 February 2019, is the largest mobile communications event in the world where new devices, applications and the latest developments in wireless and mobile communications technologies are showcased. This has given rise to a substantial increase in recent years of the IP rights-related

Germany: Federal Constitutional Court declares preliminary injunction without cease and desist letter and hearing unconstitutional

In its decision of 30 September 2018 (1 BvR 1783/17), the German Federal Constitutional Court [Bundesverfassungsgericht – BVerfG] ruled that a preliminary injunction issued in a press-law dispute by the District Court [Landgericht – LG] of Cologne without the appellant previously having received a cease and desist letter or been heard violates the appellant’s right

Life Sciences: Spotlight interview on false advertising claims in Europe

Life sciences businesses dedicate huge resources to advertising material in a fiercely competitive market. Partner Tanja Eisenblätter discusses false advertising in this sector and why it is important for clients looking to launch new products. Preliminary injunctions in Germany Tanja presents a typical business case in which a client’s global advertising and its competitors’ advertising are assessed for misleading or unlawful content. In

Asia – Hot Property

Our Intellectual Property team in Asia is celebrating a run of success taking home the following 5 awards across our offices in China, Japan and Vietnam: International IP Firm of the Year (China Law & Practice Awards); Best in IP (Asialaw Asia-Pacific Dispute Resolution Award); Japan Trademark Firm of the Year (Asia IP) (Earlier this year we also

China: Whose voice is it?

The Beijing IP Court recently issued a widely discussed preliminary injunction against Canxing (上海灿星文化传播有限公司) in a trademark dispute about the name of a famous TV program “the Voice of China”/”中国好声音”. In its first preliminary injunction since its establishment in December 2014, the Beijing IP Court ordered Canxing to immediately cease the use of the name

California non-compete law trumps DTSA

Not long after my article discussing the interplay between the Defend Trade Secret Act (DTSA) injunction provisions and California non-competition law, a federal district court in the Northern District of California opined on this exact issue in Henry Schein, Inc. v. Cook, No. 16-CV-03166-JST, 2016 WL 3418537 (N.D. Cal. June 22, 2016). In Schein, the

German Federal Supreme Court: Presentation of a product at a specialized trade fair poses no automatic threat for IP infringement

On 23 October 2014, the German Federal Supreme Court handed down a decision on the requirements for injunctive reliefs, particularly concerning the presentation of allegedly infringing products at trade fairs (I ZR 133/13). The full reasons for the decision were published recently. In the decision at hand, the manufacturer of “MIKADO” biscuit sticks sought injunctive

Germany, Italy, UK: Preliminary Injunctions

A comparative jurisdictional guide is now live on LimeGreen IP Knowhow for these jurisdictions. Court proceedings are a key element of defending one’s rights as amicable dispute settlements are not always the best option. Where a final judgment obtained in a main Court proceeding generally offers a high level of legal protection for both parties