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Child’s right to privacy
  • McDermott Will & Emery
  • European Union, Greece
  • March 27 2009

In Reklos and Davourlis v Greece (Strasbourg) 2009, the European Court of Human Rights held that taking photographs of a baby, without parental consent, amounts to a violation of its right to privacy under Article 8 of the European Convention on Human Rights (ECHR


European distribution: antitrust pitfalls arising out of warranty repair services
  • McDermott Will & Emery
  • European Union
  • October 19 2010

In the context of its preliminary antitrust investigation into Apple's iPhone guarantee policies, the European Commission has confirmed that, in order not to infringe competition rules, suppliers should provide EU-wide warranty services, regardless of the EUEEA country where the product was purchased


European Commission to review Misleading and Comparative Advertising Directive
  • McDermott Will & Emery
  • European Union
  • January 9 2013

On 27 November 2012, the European Commission issued a Communication describing how the current legal framework set out in the Directive on Misleading and


“Communication to the public”: CJEU finds it does not include live performances or direct presentations of copyrighted work
  • McDermott Will & Emery
  • European Union
  • January 12 2012

The Court of Justice of the European Union (CJEU) has once again considered the meaning of “communication to the public” under Article 3(1) of the Copyright Directive (200129EC


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


Football Dataco Ltd and others v Sportradar GmbH: copyright and database right infringement and jurisdiction
  • McDermott Will & Emery
  • European Union, United Kingdom
  • April 29 2011

Allowing Sportradar's appeal in part, the Court of Appeal of England and Wales has ruled that Dataco's copyright claim in relation to a database of football statistics failed because what was allegedly copied was "mere data", not the database itself


The bubble bursts for O2
  • McDermott Will & Emery
  • European Union
  • July 30 2008

The European Court of Justice (the ECJ) ruled that O2 Holdings Limited and O2 (UK) Ltd. could not rely on their trademark rights to prevent the use of bubble imagery in a comparative advertisement by Hutchinson 3G UK Limited, as the advertisement was not misleading and did not cause confusion as to the origin of the services being offered


EU study and recommendations on the regulation of video games
  • McDermott Will & Emery
  • European Union
  • May 31 2008

The European Commission has published a Communication on the protection of consumers, in particular minors, in respect of the use of video games


Unfair Commercial Practices: The European Court of Justice Specifies Criteria for Comparative Advertising
  • McDermott Will & Emery
  • European Union
  • February 21 2017

On 8 February 2017, the European Court of Justice (ECJ) handed down a judgment on a reference for a preliminary ruling stating that comparative


Court of Justice of the European Union holds that ISPs may be ordered to block customer access to websites infringing copyright
  • McDermott Will & Emery
  • European Union
  • April 30 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their