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03 May 2013
Issue: 7558 / Categories: Case law , Law digest , In Court
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EU—Trademarks

El Corte Ingles, SA v Office for Harmonisation in the Internal Market (Trade and Designs) (OHIM) and another T-571/11, [2013] All ER (D) 175 (Apr)

It was settled law that the purpose of an action before the General Court was to review the legality of the decisions of the Boards of Appeal of the Office of Harmonisation in the Internal Market (OHIM) within the meaning of Art 65 of the Council Regulation (EC) 207/2009 (on the Community trade mark). It followed from that provision that facts not submitted by the parties before the departments of OHIM could not be submitted at the stage of the action brought before the General Court and that the latter could not re-evaluate the factual circumstances in the light of evidence adduced for the first time before it. The legality of a decision of a Board of Appeal of OHIM should be assessed in the light of the information available to it when it had adopted that decision.

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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