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Results: 1-10 of 83

European Commission to review Misleading and Comparative Advertising Directive

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 9 2013

On 27 November 2012, the European Commission issued a Communication describing how the current legal framework set out in the Directive on Misleading and

Experience Hendrix Llc v Times Newspapers Ltd: damages and the IP Enforcement Directive

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 4 2010

In September 2006, The Sunday Times issued a free CD (covermount) containing recordings of songs performed at the Royal Albert Hall (RAH) in 1969 by the Jimi Hendrix Experience

“Communication to the public”: CJEU finds it does not include live performances or direct presentations of copyrighted work

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • January 12 2012

The Court of Justice of the European Union (CJEU) has once again considered the meaning of “communication to the public” under Article 3(1) of the Copyright Directive (200129EC

Jurisdiction to award damages for online infringement of “personality rights” clarified

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • 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

The bubble bursts for O2

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • June 30 2008

The European Court of Justice (ECJ) decision, on 12 June 2008, in O2 Holdings Limited and O2 (UK) Ltd v Hutchinson 3G UK Limited 2008 C-53306 provides new guidance on the use of competitors’ trade marks in comparative advertising

CJEU ruling confirms live internet streaming of TV broadcasts infringes copyright

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • April 15 2013

On 7 March 2013, the Court of Justice of the European Union (CJEU) ruled in ITV Broadcasting Ltd and others v TV Catchup Ltd 2013 C60711 EUECJ

Territorial exclusivity of football broadcasts found contrary to EU law

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • 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

US copyright alert system: a model for Europe?

  • McDermott Will & Emery
  • -
  • European Union, USA
  • -
  • September 28 2011

The Independent Music Companies Association (IMPALA) and International Federation of the Phonographic Industry (IFPI) have welcomed the recent voluntary agreement in the United States between internet service providers (ISPs) and the creative industries, in particular trade bodies representing the music and film industries, to deal with copyright infringement online

Prize-draw competitions referred to the Court of Justice of the European Union

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • September 28 2011

In relation to Purely Creative Ltd v The Office of Fair Trading (OFT) 2011 EWCA Civ 920, the Court of Appeal of England and Wales has referred the OFT’s unfair commercial practices case against promoters of prize draw competitions to the Court of Justice of the European Union

Lidl SNC v Vierzon Distribution SA: comparative advertising and products sold in supermarkets

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • 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