ARTICLE
28 January 2025

October To December 2024 - Intellectual Property And Consumer Law

AC
Arthur Cox

Contributor

Arthur Cox is one of Ireland’s leading law firms. For almost 100 years, we have been at the forefront of developments in the legal profession in Ireland. Our practice encompasses all aspects of corporate and business law. The firm has offices in Dublin, Belfast, London, New York and Silicon Valley.
Registration was sought for a very wide range of goods as well as for publishing, education, entertainment and sports services.
European Union Consumer Protection

CJEU trade mark decision in Case T-82/24 | Administration of the State Border Guard Service of Ukraine v EUIPO

DATE OF UPDATE: 13 November 2024

LINKS: Intellectual property: the figurative sign consisting of the phrase 'RUSSIAN WARSHIP, GO F* *K yourself' in Russian and English cannot be registered as an EU trade mark

CURRENT STATUS

Registration was sought for a very wide range of goods as well as for publishing, education, entertainment and sports services. EUIPO refused registration on the ground that the mark is a political slogan devoid of any distinctive character for the goods and services at issue. The Court observed that a sign is incapable of fulfilling the essential function of a trade mark if the average consumer does not perceive, in its presence, the indication of the origin of the goods or services, but only a political message.

Consumer protection law – Enforcement - Apple

DATE OF UPDATE: 12 November 2024

LINKS: Commission calls on Apple to stop geo-blocking practices

CURRENT STATUS

The Consumer Protection Cooperation (CPC) Network of national consumer authorities and the European Commission notified Apple of several potentially prohibited geo-blocking practices that the CPC Network has identified on certain Apple Media Services, namely App Store, Apple Arcade, Music, iTunes Store, Books and Podcasts.

WHY IS THIS APPLICABLE TO CLIENTS?

The CPC Network has been active in investigating infringements of consumer laws across a variety of sectors to include marketplaces and digital services as well as social media and search engines.

NEXT STEPS

Apple has been directed to align their practices with the EU's anti-geo-blocking rules.

Consumer protection law – Enforcement - Temu

DATE OF UPDATE: 12 November 2024

LINKS: Commission urges Temu to respect EU consumer protection laws

CURRENT STATUS

The Consumer Protection Cooperation (CPC) Network of national consumer authorities and the European Commission notified Temu of a number of practices on its platform that infringe EU consumer law. Temu has been directed to bring the infringing practices in line with consumer laws and remains under investigation.

EU Consumer Law - Digital Fairness Fitness Check

DATE OF UPDATE: 4 October 2024

LINKS: Questions and Answers on the Digital Fairness Fitness Check

CURRENT STATUS

The European Commission carried out a fitness check evaluating three EU consumer law Directives; the Unfair Commercial Practices Directive, the Consumer Rights Directive, and the Unfair Contract Terms Directive. It used the concept of 'digital fairness' to refer to a high level of consumer protection. The check identifies a number of problematic areas that could be addressed by the next Commission.

This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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