OHIM v National Lottery Commission Case C-530/12 P

Opinion of the AG delivered.  Consideration was given to whether OHIM, in a trade mark opposition on relative grounds, was required to investigate the content of the national law relevant to the earlier right.  In the AG’s Opinion the General Court was entitled to conclude that OHIM had erred in its assessment of the applicable national law and to hold that OHIM ought to have investigated whether the parties’ contentions as to the content of national law were correct.  OHIM ought, however, to have been given the opportunity to comment on Italian legal authorities referred to by the General Court and the case should be remitted to the General Court to allow that to happen.  Benet appeared for the National Lottery Commission, which had been successful in its appeal to the General Court.

Case C-530/12 P

 

Latest News

Anna Edwards-Stuart appointed King’s Counsel

Chambers is delighted to announce that Anna Edwards-Stuart has been appointed King’s Counsel in the 2023 competition, announced on 19th January 2024.

Miruna Bercariu joins 11 South Square

Chambers is delighted to announce Miruna Bercariu has accepted an offer of tenancy after a successful pupillage and will commence practice immediately....

Chambers UK Bar Awards 2023

Chambers is thrilled to announce we have won all three of the awards we were nominated for at the Chambers UK Bar Awards 2023. 11 South Square, IT/IP Set of the Year Brian Nicholson KC, IT/IP Silk of the Year Ka...

Edward Cronan joins 11 South Square

We are pleased to announce the arrival of a new member of chambers, Edward Cronan. Edward first came on to our radar at 11 South Square when he was a solicitor, and we watched his move to the bar in 2018 with interest. S...

Bio-science Law Review – University Inventions: When is a student a consumer?

University Inventions: When is a student a consumer? Oxford University Innovation Limited v Oxford Nanoimaging Limited [2022] EWHC 3200 (Pat) This article provides a case comment on the Judgment of Daniel Alexander KC...

Michael Silverleaf called to the Irish Bar

Chambers is pleased to announce that Michael Silverleaf has been called to the Irish Bar and has appeared in that role as part of a team representing Bristol-Myers Squibb in the Irish High Court before Barrett J. The tri...

Lionel Bently made Honorary King’s Counsel

Chambers is delighted to announce that Lionel Bently has been made an Honorary King's Counsel. Honorary KCs are awarded to those who have made a major contribution to the law of England and Wales, outside practice in...