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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
- -
- European Union, United Kingdom
- -
- 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
General counsel update
- Herbert Smith Freehills LLP
- -
- European Union, United Kingdom
- -
- June 17 2011
This is the twenty-fifth in our series of general counsel updates which aim to summarise major developments in key areas
Liability for internet host providers in the European Union: time for a reform?
- Baker & McKenzie
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- European Union
- -
- 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
- -
- European Union, United Kingdom
- -
- 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
- -
- 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
AdWords, adlawsuit?
- Cassels Brock & Blackwell LLP
- -
- European Union
- -
- May 14 2010
Google put a new spin on the e-world of marketing and advertising and has survived
European Court of Justice’s ruling on AdWords a victory for service providers and advertisers?
- Castrén & Snellman
- -
- European Union, Finland
- -
- May 11 2010
The European Court of Justice (ECJ) has delivered a judgment concerning Google's liability for trademark infringement arising out of the use of trademarks as keywords in the Google's AdWords referencing service
ECJ finds for Google on AdWords but advertisers beware
- Norton Rose LLP
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- European Union, France
- -
- May 4 2010
In what is likely to be seen as a set-back for brand owners, the European Court of Justice (ECJ) has held that Google is not liable for trade mark infringement with its AdWords system
Keywords, sponsored links and trade mark infringement
- McDermott Will & Emery
- -
- European Union
- -
- April 30 2010
AdWords enables advertisements (sponsored links) to be displayed, in return for payment, alongside natural search results that appear in response to keywords
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