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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
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
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
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
Further CJEU guidance on keyword advertising and trade mark infringement
- McDermott Will & Emery
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- European Union, United Kingdom
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- November 3 2011
In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement
CJEU considers effect of honest concurrent use in Budweiser reference
- McDermott Will & Emery
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- European Union, United Kingdom
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- November 3 2011
In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use
EU enhances copyright protection for sound recordings and songs
- McDermott Will & Emery
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- European Union
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- November 3 2011
On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted
How the cookie crumbles: a clash of cultures on cookie regulation
- McDermott Will & Emery
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- European Union
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- November 3 2011
The Article 29 Working Party has met with Internet Advertising Bureau (IAB) Europe and European Advertising Standards Alliance (EASA) representatives to tell them in no uncertain terms that their otherwise well-received Best Practice Recommendation (BPR) and Framework on Online Behavioural Advertising (OBA) does not comply with the revised e-Privacy Directive provisions on cookies
