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Article 29 Working Party opinion on applicable law: clarifying the scope of application of the Data Protection Directive
- McDermott Will & Emery
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- European Union
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- February 28 2011
The Article 29 Working Partythe European advisory body on data protection and privacyhas adopted an Opinion on applicable law (WP 179) aimed at clarifying the scope of application of the Data Protection Directive (9546EC
Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
- McDermott Will & Emery
- -
- Czech Republic, European Union
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- February 28 2011
The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself
European Commission proposal for enhanced cooperation in unitary patent protection
- McDermott Will & Emery
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- European Union
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- February 28 2011
Twelve EU Member States have addressed a formal request to the European Commission indicating that they wish to establish a limited unitary patent between themselves
Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
- McDermott Will & Emery
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- European Union
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- January 25 2011
Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement
Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets
- McDermott Will & Emery
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- European Union
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- January 25 2011
The fact that there are differences in the extent to which you might like to eat certain food products depending on their place of production, the ingredients and who produced them, does not, the European Court of Justice (ECJ) has said in Lidl SNC v Vierzon Distribution SA C-15909, preclude the possibility that an advertisement comparing such products (by reference to price alone, as opposed by reference to any of their other attributes) will fall within the boundaries of permitted comparative advertising, provided the advertisement is not misleading
Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG v Österreich-Zeitungsverlag GmbH: prize promotions and unfair commercial practices
- McDermott Will & Emery
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- European Union
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- January 25 2011
The European Court of Justice (ECJ) in Mediaprint Zeitungsund Zeitschriftenverlag GmbH & Co KG v Österreich- Zeitungsverlag GmbH C-54008 has held that the possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of the Unfair Commercial Practices Directive (200529EC), simply on the ground that that is what induced some of the consumers concerned to buy the newspaper in the first place
Is a trade mark infringed by failure to identify the repackager of a parallel import?
- McDermott Will & Emery
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- Denmark, European Union
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- November 29 2011
In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports
General Court upholds OHIM refusal of CTM application for shape of loudspeaker
- McDermott Will & Emery
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- European Union
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- November 29 2011
In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods
Top jeans brand 7 For All Mankind could lose right to branded accessories over distinctiveness of “seven”
- McDermott Will & Emery
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- European Union
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- November 29 2011
In Seven SpA v OHIM T-17610 6 October 2011 (unreported) the General Court annulled decision of the Board of Appeal of the Office of Harmonization for the Internal Market (OHIM) that rejected an opposition against the mark SEVEN FOR ALL MANKIND on the basis that the Board had erred in finding that there was no similarity between that mark and earlier composite marks featuring predominantly the word “seven”
Social networking sites could do more to protect minors’ privacy
- McDermott Will & Emery
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- European Union
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- November 29 2011
On 30 September 2011, the European Commission published a Report on an Assessment of the Implementation of the Safer Social Networking Principles for the EU
Current Search
- Author - Hiroshi Sheraton
- Author - Francesco Mattina
- Firm Name - McDermott Will & Emery
- Jurisdiction - European Union