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Making up for gaps in protection

Edwards Wildman Palmer LLP
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European Union
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December 18 2012

Even where trademark law has not proved as helpful as rights holders might have hoped, clarifications to the law have at least enabled them to establish

Marks & Spencer v Interflora 2012 EWCA Civ 1501

Olswang LLP
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European Union, United Kingdom
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November 23 2012

On 20 November 2012, the Court of Appeal ("COA") handed down its judgment concerning the admissibility of witness evidence obtained through witness gathering surveys

Brand wars in cyberspace

Fasken Martineau DuMoulin LLP
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European Union, United Kingdom
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June 28 2012

Many companies are aware of value of their brands, which is often shown on their balance sheet and thus the importance of maintaining the distinctiveness of their brands for long term success

General counsel update: 31 May 2012

Herbert Smith Freehills LLP
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Argentina, China, European Union, Hong Kong, Singapore, Spain, United Kingdom
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May 31 2012

This is the twenty-ninth in our series of General Counsel Updates which aim to summarise major developments in key areas

L’Oreal vs eBay

Squire Sanders
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European Union
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May 8 2012

Judgment issued by the Court of Justice on July 12th, 2011 has provided an important doctrine in the matter of the sale of branded goods on the Internet through the electronic market and deals likewise about the liability of the operator of the electronic marketplace

Court of Justice of the European Union provides ruling on keyword jurisdiction

McDermott Will & Emery
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European Union
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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

Where to issue proceedings in relation to online trademark infringements

Dorsey & Whitney LLP
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Austria, European Union
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April 27 2012

The online use and abuse of trademarks often raises questions of territoriality - which national rights can be asserted against online use and which court will have jurisdiction to hear the claim

Keywords: either court of State of trade mark registration or that of advertiser's domicile can have jurisdiction says CJEU

Herbert Smith Freehills LLP
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Austria, European Union
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April 24 2012

The Court of Justice of the European Union has ruled on the appropriate jurisdiction for proceedings brought by a trade mark owner for alleged trade mark infringement arising from the reservation of keywords by a competitor on an internet search engine