Binding corporate rules as a global solution for data transfer *

European Union - June 19 2012
All multinational companies are constantly transferring data relating to identified or identifiable human beings (data subjects).

Co-authors: Heather Egan Sussman, Alison Wetherfield.

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High Court of England and Wales rules on threats and jurisdiction in declaration for non-infringement *

United Kingdom - April 30 2012
In Samsung Electronics (UK) Ltd and others v Apple Inc [2012] EWHC 889 (Ch), the High Court of England and Wales considered several preliminary issues in a case involving Apple’s registered Community design for a tablet computer.

Co-authors: Alexander Harguth, Vincent Schröder, Boris Uphoff, Hiroshi Sheraton.

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Court of Justice of the European Union provides ruling on keyword jurisdiction *

European Union - April 30 2012
The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-523/10, has ruled that under Article 5(3) of the Brussels Regulation, an advertiser that uses a keyword that infringes a national trade mark on a country-specific top-level domain (TLD) of a Member State other than the Member State where the national trade mark is registered, can be sued in its Member State of establishment.

Co-authors: Alexander Harguth, Vincent Schröder, Boris Uphoff, Hiroshi Sheraton.

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Court of Appeal of England and Wales considers “best” and “all reasonable” endeavours *

United Kingdom - April 30 2012
The Court of Appeal of England and Wales in Jet2.com Limited v Blackpool Airport Limited [2011] EWHC 1529 (Comm) has provided guidance on the enforceability of “best endeavours” and “all reasonable endeavours” clauses.

Co-authors: Alexander Harguth, Vincent Schröder, Boris Uphoff, Hiroshi Sheraton.

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The High Court of England and Wales rules on Formula One confidentiality and copyright infringement *

United Kingdom - April 30 2012
In Force India Formula One Team Ltd v 1 Malaysia Racing Team SDN BHD and others [2012] EWHC 616 (Ch), the High Court of England and Wales ruled on claims for contractual and equitable breach of confidence and copyright infringement brought by one Formula One (F1) race team operator against another.

Co-authors: Alexander Harguth, Vincent Schröder, Boris Uphoff, Hiroshi Sheraton.

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