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Results: 1-10 of 29

Privacy and the cloud: an EU perspective
  • McDermott Will & Emery
  • European Union
  • February 29 2012

By using cloud computing, companies cut costs by outsourcing data storage tasks, which means they no longer have to maintain expensive servers


Article 29 Working Party opinion on applicable law: clarifying the scope of application of the Data Protection Directive
  • McDermott Will & Emery
  • European Union
  • February 28 2011

The Article 29 Working Partythe European advisory body on data protection and privacyhas adopted an Opinion on applicable law (WP 179) aimed at clarifying the scope of application of the Data Protection Directive (9546EC


Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface
  • McDermott Will & Emery
  • Czech Republic, European Union
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself


European Commission proposal for enhanced cooperation in unitary patent protection
  • McDermott Will & Emery
  • European Union
  • February 28 2011

Twelve EU Member States have addressed a formal request to the European Commission indicating that they wish to establish a limited unitary patent between themselves


Codorniu Napa Inc v OHIM: figurative marks, wine and likelihood of confusion
  • McDermott Will & Emery
  • European Union
  • January 25 2011

In Codorniu Napa Inc v the Office for Harmonization in the Internal Market (OHIM) T-3508 23 November 2010 (unreported


Sony Ericsson Mobile Communications AB v OHIM: movement mark and graphic representation
  • McDermott Will & Emery
  • European Union
  • January 25 2011

Sony sought to register the mark illustrated below as a Community Trade Mark (CTM), filing during prosecution a written description of the mark's movement


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


Mediaprint Zeitungs- und Zeitschriftenverlag GmbH & Co KG v Österreich-Zeitungsverlag GmbH: prize promotions and unfair commercial practices
  • McDermott Will & Emery
  • European Union
  • January 25 2011

The European Court of Justice (ECJ) in Mediaprint Zeitungsund Zeitschriftenverlag GmbH & Co KG v Österreich- Zeitungsverlag GmbH C-54008 has held that the possibility of participating in a prize competition, linked to the purchase of a newspaper, does not constitute an unfair commercial practice within the meaning of Article 5(2) of the Unfair Commercial Practices Directive (200529EC), simply on the ground that that is what induced some of the consumers concerned to buy the newspaper in the first place


Registered community designs can infringe earlier registered community designs
  • McDermott Will & Emery
  • European Union
  • March 30 2012

The Court of Justice of the European Union has clarified the interpretation of the term “any third party” in Article 19(1) of the Community Designs Regulation (62002EC) in its decision in Case C-48810 Celaya Emparanza y Galdos Internacional SA (Cegasa) v Proyectos Integrales de Balizamiento SL


Advocate general considers jurisdiction for claims of infringement of a national trade mark online
  • McDermott Will & Emery
  • European Union
  • March 30 2012

In Wintersteiger AG v Products 4U Sondermaschinenbau GmbH C-52310 (Opinion of Advocate General) 16 February 2012, Advocate General Pedro Cruz Villalón considered that the proprietor of a national trade mark may be able to bring an infringement action in the Member State of registration against a third party that has registered a keyword used on a national search engine that is identical to the mark