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Results: 1-10 of 42

Court of Justice of the European Union provides ruling on keyword jurisdiction
  • McDermott Will & Emery
  • European Union
  • 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


Court of Appeal confirms High Court decision and finds no copyright infringement in software with same functionality
  • McDermott Will & Emery
  • European Union, United Kingdom
  • December 16 2013

In SAS Institute Inc v World Programming Ltd 2013 EWCA Civ 1482 (21 November 2013), the Court of Appeal of England and Wales upheld the High


EU General Court confirms no proof of genuine use of earlier trade mark in CTM opposition
  • McDermott Will & Emery
  • European Union
  • December 16 2013

In Biotronik SE & Co. KG v OHIM, Case T-41611 the EU General Court upheld a decision of the Board of Appeal and rejected an opposition to a


European Commission launches wide-ranging consultation on EU copyright law
  • McDermott Will & Emery
  • European Union
  • January 22 2014

The European Commission has launched a consultation as part of its goal to review EU copyright law by Spring 2014. The consultation, which is due to


EU General Court holds OHIM erroneously re-categorised colour mark as figurative mark
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In Gamesa Eólica, SL v Office of Harmonization for the Internal Market 2013 T-24512, the EU General Court has annulled a decision by the Board of


CJEU confirms change in economic behaviour is required to prove trade mark dilution
  • McDermott Will & Emery
  • European Union
  • December 16 2013

In Environmental Manufacturing LLP v OHIM 2013 C- 38312 P, the Court of Justice of the European Union (CJEU) confirmed that evidence of change in


Advocate General Jääskinen gives Georgetown University SPC opinion
  • McDermott Will & Emery
  • European Union, Netherlands, United Kingdom
  • December 16 2013

On 14 November 2013, Advocate General (AG) Jääskinen's opinion in the Dutch supplementary protection certificate (SPC) referral, Georgetown


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


Court of Appeal recasts guidance on granting stays in patent proceedings while European Patent Office proceedings are pending
  • McDermott Will & Emery
  • European Union, United Kingdom
  • December 16 2013

In IPCom GmbH & Co Ltd v HTC Europe Ltd and others 2013 EWCA Civ 1496, the Court of Appeal of England and Wales discussed the effect of the


EU General Court finds use of CTM by intermediary to be “outward” and genuine
  • McDermott Will & Emery
  • European Union
  • January 22 2014

In Recaro Holding GmbH v OHIM 2013 T-52412, the EU General Court upheld a decision by the Board of Appeal of the Office of Harmonization for the