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CJEU judgment on jurisdiction for Football Dataco v Sportradar

Mayer Brown LLP
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European Union
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October 25 2012

Last week the Court of Justice of the European Union (CJEU) ruled that where a website operator targets and then provides material infringing sui generis database rights to recipients based in an EU Member State over the internet, the act of infringement occurs at least in the EU Member State where those recipients are located

AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data

Herbert Smith Freehills LLP
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European Union, United Kingdom
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July 4 2012

In a reference by the Court of Appeal in a case involving allegations of infringement of UK sui generis database right by services provided from servers outside the jurisdiction (Football Dataco & Ors v Sportradar GmbH & Sportradar, C-17311) the Advocate General (AG) has opined:Where a party uploads data from a database protected by the sui generis right onto that party’s web server located in Member State A and, in response to requests from a user in another Member State B, the web server sends such data to the user’s computer so that the data is stored in the memory of that computer and displayed on its screen, the act of sending the information constitutes an act of ‘re-utilisation’ (and hence infringement) by that party and the act of re-utilisation performed by that party takes place both in Member State A and in Member State B

Rights holders, internet platforms and anti-counterfeiting organisations sign memorandum of understanding

McDermott Will & Emery
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European Union
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July 5 2011

Various stakeholders in the field of e-commerce have reached a non-binding agreement to cooperate in the fight against the sale of counterfeit goods online

General counsel update

Herbert Smith Freehills LLP
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European Union, United Kingdom
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June 17 2011

This is the twenty-fifth in our series of general counsel updates which aim to summarise major developments in key areas

European Commission moots future role for ISPs in tackling IPR infringement

MacRoberts LLP
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European Union, United Kingdom
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January 27 2011

The European Commission has issued a report ("the Report") assessing the implementation and impact of the Intellectual Property Rights Enforcement Directive 200448EC ("the Directive"

Liability for internet host providers in the European Union: time for a reform?

Baker & McKenzie
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European Union
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January 1 2011

While drafting the EU E-commerce Directive (200031EC), the European Commission considered that one of the key elements for developing electronic commerce in Europe was the issue of service provider liability

Unlocking keyword disputes?

RPC
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European Union, United Kingdom
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June 28 2010

Those who thought that the decision by the European Court of Justice (ECJ) in Louis Vuitton v Google, as interpreted in Die BergSpechte v Günter, had resolved the trademark infringement issues of AdWord or keyword advertising will be disappointed by the High Court's recent consideration of the issues

ECJ decision in Google AdWords case

Baker & McKenzie
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European Union
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May 24 2010

The Court of Justice of the European Union (ECJ) has concluded that Google is not liable for trade mark infringement in relation to its AdWords programme, although advertisers may be

Say it in a letter: single character trade marks and domain names

Nabarro LLP
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European Union, United Kingdom
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May 19 2010

There have been two recent developments of particular importance to the owners of single character trade marks

AdWords, adlawsuit?

Cassels Brock & Blackwell LLP
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European Union
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May 14 2010

Google put a new spin on the e-world of marketing and advertising and has survived

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Search results

CJEU judgment on jurisdiction for Football Dataco v Sportradar

AG's Sportradar opinion: database right infringement takes place both in state of server storage and the state where customers received the data

Rights holders, internet platforms and anti-counterfeiting organisations sign memorandum of understanding

General counsel update

European Commission moots future role for ISPs in tackling IPR infringement

Liability for internet host providers in the European Union: time for a reform?

Unlocking keyword disputes?

ECJ decision in Google AdWords case

Say it in a letter: single character trade marks and domain names

AdWords, adlawsuit?

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