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Results: 1-10 of 29

Further CJEU guidance on keyword advertising and trade mark infringement
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement


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


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


Is a trade mark infringed by failure to identify the repackager of a parallel import?
  • McDermott Will & Emery
  • Denmark, European Union
  • November 29 2011

In Orifarm AS and Paranova Danmark AS v Merck Sharp & Dohme Corp joined cases C-40009 and C-20710 28 July 2011 (unreported), the Supreme Court in Denmark sought clarification as to the applicability of the exhaustion of rights principle in relation to parallel imports


General Court upholds OHIM refusal of CTM application for shape of loudspeaker
  • McDermott Will & Emery
  • European Union
  • November 29 2011

In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods


The European General Court decides only visible parts determine overall impression
  • McDermott Will & Emery
  • European Union
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character


Registrability of marks containing geographical indications of origin
  • McDermott Will & Emery
  • European Union, Finland
  • November 3 2011

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication


CJEU considers effect of honest concurrent use in Budweiser reference
  • McDermott Will & Emery
  • European Union, United Kingdom
  • November 3 2011

In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use


EU enhances copyright protection for sound recordings and songs
  • McDermott Will & Emery
  • European Union
  • November 3 2011

On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted


How the cookie crumbles: a clash of cultures on cookie regulation
  • McDermott Will & Emery
  • European Union
  • November 3 2011

The Article 29 Working Party has met with Internet Advertising Bureau (IAB) Europe and European Advertising Standards Alliance (EASA) representatives to tell them in no uncertain terms that their otherwise well-received Best Practice Recommendation (BPR) and Framework on Online Behavioural Advertising (OBA) does not comply with the revised e-Privacy Directive provisions on cookies