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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
Draft regulation on the optional EU-wide contract law proposed by the European Commission
- McDermott Will & Emery
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- European Union
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- November 29 2011
Following the European Parliament’s backing of the proposal made by European Commission Vice-President Viviane Reding to introduce an optional Europe-wide contract law, the European Commission has proposed a Regulation on a Common European Sales Law, offering a single set of rules for cross-border contracts in all 27 EU Member States
Jurisdiction to award damages for online infringement of “personality rights” clarified
- McDermott Will & Emery
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- European Union
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- November 29 2011
The Court of Justice of the European Union (CJEU) has ruled that victims of infringements of “personality rights” by means of the internet can chose to bring actions before the courts of the Member State in which they reside in respect of all the damage caused
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
Territorial exclusivity of football broadcasts found contrary to EU law
- McDermott Will & Emery
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- European Union
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- November 3 2011
The Court of Justice of the European Union (CJEU) has ruled in Football Association Premier League Ltd v QC Leisure C- 40308 and Karen Murphy v Media Protection Services Ltd C- 42908 (4 October 2011) that a system of licences for the broadcasting of sporting events which grants licensees territorial exclusivity on a Member State basis, and which prohibits television viewers from watching the broadcasts in one Member State using a decoder licensed for use in another, is contrary to EU law
The European General Court decides only visible parts determine overall impression
- McDermott Will & Emery
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- European Union
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- November 3 2011
In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character
Registrability of marks containing geographical indications of origin
- McDermott Will & Emery
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- European Union, Finland
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- November 3 2011
“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication
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
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