Friday Fortnighty - March 2024 Team.pdf
(17.06 MB, PDF)
… decision and thus suffer a limit in choice. Such conduct amounts to unfair trading conditions which are in breach of Article 102 of the TFEU. The hefty fine of €1.8 billion, the third largest antitrust fine in the Commission’s history, reflects more so the Union’s desire to deter repeat offences and other offenders, than it does the actual duration and gravity of the infringement. Had the latter been the sole determiner of the total sum, this would have amounted to a measly €40 million – a … such as trade car parts. The ECJ concludes that GQ’s sale of the grill replace ment part does indeed constitute the use of the Audi mark, even though it does not directly include the trademark, which can be prohibited by national courts. In addition, when considering the repair clause in the context of the EUTMR, the ECJ found it is not applicable for the radiator … the judge must take into account all circumstances of the case, which on the contrary seems to point more towards fault-based compensation. It is unclear what the effects of this decision will be, but there are worries that it will encourage forum-shopping in patent litigation. As such, it could have the effect of prompting patent owners to turn to the UPC, as compensation for wrongful preliminary injunction enforcement in this system is clearly fault-based. Sources: IP Portal, 11 January 2024, …