Search results
Order by most recent / most popular / relevance
Results: 1-10 of 21
Cross-border sales: tension between copyright distribution rights and free movement rules
- McDermott Will & Emery
- -
- European Union
- -
- April 30 2012
Advocate General Jääskinen has concluded that there is a distribution by sale in a Member State if a seller targets consumers and enables the purchase of copyright-protected works in that State
Court of Justice of the European Union provides ruling on keyword jurisdiction
- McDermott Will & Emery
- -
- European Union
- -
- April 30 2012
The Court of Justice of the European Union (CJEU), in Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310, 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
Registered community designs can infringe earlier registered community designs
- McDermott Will & Emery
- -
- European Union
- -
- March 30 2012
The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (62002EC) in its decision in Case C-48810 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL
Advocate general considers jurisdiction for claims of infringement of a national trade mark online
- McDermott Will & Emery
- -
- European Union
- -
- March 30 2012
In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark
Pub landlords found to infringe the Premier League’s copyright: pyrrhic victory after all?
- McDermott Will & Emery
- -
- European Union, United Kingdom
- -
- March 30 2012
In Football Association Premier League Ltd v QC Leisure 2012 EWHC 108 (Ch) Lord Justice Kitchin has now accepted that the Defendant publicans communicated copyright works contained in foreign broadcasts of Premier League matches to the public, following the Court of Justice of the European Union (CJEU) ruling to that effect in October 2011
The protection of football fixture lists under the EU Database Directive
- McDermott Will & Emery
- -
- European Union
- -
- March 30 2012
On 1 March 2012, the Court of Justice of the European Union passed judgement on Football Dataco Ltd v Yahoo! UK Ltd 2012 CJEU C-60410, concluding that the football fixture lists in question are not protected by copyright as there is insufficient intellectual creation on the part of the author
CJEU rules on copyright protection of photographic portraits
- McDermott Will & Emery
- -
- European Union
- -
- February 29 2012
In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work
Is a trade mark infringed by failure to identify the repackager of a parallel import?
- McDermott Will & Emery
- -
- Denmark, European Union
- -
- 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
- -
- European Union
- -
- 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
- -
- European Union
- -
- 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”
Current Search
- Firm Name - McDermott Will & Emery
- Author - Hiroshi Sheraton
- Author - Rohan Massey
- Jurisdiction - European Union
- Workarea - Litigation
Suggested Facets
Author
- Alexander Harguth (2)
- Boris Uphoff (21)
- Dr. Thomas Hauss (9)
- Francesco Mattina (19)
- Gary Moss (5)
- Vincent Schröder (21)