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Results: 1-10 of 33

Jurisdiction in online infringement cases: “substantial link” theory confirmed

  • Baker & McKenzie
  • -
  • France
  • -
  • January 28 2009

In Ferrara v Ministère public (Case 07-87.281, 9th September 2008) the Criminal Chamber of the French Supreme Court has confirmed the applicability of the “substantial link” theory in criminal cases involving the infringement of IP rights on foreign websites

Town hall sentenced to indemnify a sculptor for moral right infringement

  • Baker & McKenzie
  • -
  • Spain
  • -
  • November 30 2011

The Provincial Court of Alicante has issued a judgment holding the owner of a sculpture liable for infringement of the moral right of its sculptor

Maryland federal court refuses to enforce poorly drafted forum selection clause

  • Baker & McKenzie
  • -
  • USA
  • -
  • April 6 2010

In a case that serves as a lesson for drafting forum selection clauses, on 23 February 2010, the US District Court for the District of Maryland determined in Micro Focus, Inc. v. Bell Canada that it could not enforce a forum selection clause that was “nonsensical”

Creation of fake social networking profile infringes privacy

  • Baker & McKenzie
  • -
  • France
  • -
  • February 22 2011

The French High Court of Paris (TGI) sentenced an internet user who created a fake profile of a famous French comedian to pay a 1,500 fine and 2,500 in damages

Court rules on providers' liability for infringing content

  • Baker & McKenzie
  • -
  • Russia
  • -
  • February 13 2012

The Supreme Arbitrazh Court has clarified the tests for holding hosting providers liable for IP rights infringement

New IP Court aims to improve judicial system

  • Baker & McKenzie
  • -
  • Russia
  • -
  • January 9 2012

Legislative amendments have been introduced to establish a specialised court dealing with IP disputes, sometimes referred to as a 'patent court'

How to build an IP rights infringement case

  • Baker & McKenzie
  • -
  • France
  • -
  • January 18 2010

In civil proceedings the burden of proof requires the plaintiff to provide the judge with the relevant documents or information in support of its claim

Wendy’s is on a roll with super-sized SALT wins

  • Baker & McKenzie
  • -
  • USA
  • -
  • June 19 2012

Wendy’s International, Inc. (“Wendy’s”) recently prevailed in state income tax cases in Virginia and Oklahoma

Transfer of software license agreement without consent of licensor in connection with a corporate merger infringes licensor’s copyright

  • Baker & McKenzie
  • -
  • USA
  • -
  • November 6 2009

In the case of Concom Systems, Inc. v Novelis Corp., No. 07-4142 (6th Cir. 25 September 2009), the US Court of Appeals for the Sixth Circuit upheld the district court’s order granting summary judgment to Cincom on its claim of copyright infringement arising out of a series of mergers Novelis underwent as part of an internal corporate restructuring that resulted in a prohibited transfer of a software license

Internet company held liable for unauthorised performance of music recordings

  • Baker & McKenzie
  • -
  • Brazil
  • -
  • March 15 2010

A judge from the State of Rio de Janeiro has penalised an internet company for the unauthorised performance of music recordings and transmission of music events

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