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Results:1-10 of 39

FDA issues draft guidance on communications over internet and social media platforms
  • McDermott Will & Emery
  • USA
  • July 22 2014

On June 17, 2014, the U.S. Food and Drug Administration (FDA or the Agency) issued two draft guidance documents, providing recommendations for two


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.


Civil litigation under China’s Anti-Monopoly Law
  • McDermott Will & Emery
  • China
  • March 26 2012

Since the introduction of the China AML in August 2008, Chinese courts have experimented with various methods of civil dispute adjudication based on breach of the AML.


Selecting a company name: a trademark lawyer’s perspective
  • McDermott Will & Emery
  • USA
  • October 31 2011

If you are planning to select a new company name for company operations after a transaction closes, checking the Secretary of State records is not the only step necessary to confirm that the proposed name is available.


Court of Justice of the European Union provides further guidance on circumstances in which keyword advertising constitutes trademark infringement
  • McDermott Will & Emery
  • European Union
  • October 31 2011

The Court of Justice of the European Union has provided further guidance on circumstances in which use of a registered trademark as a keyword in internet advertising by a third party advertiser may constitute trademark infringement.


US copyright alert system: a model for Europe?
  • McDermott Will & Emery
  • USA, European Union
  • September 28 2011

The Independent Music Companies Association (IMPALA) and International Federation of the Phonographic Industry (IFPI) have welcomed the recent voluntary agreement in the United States between internet service providers (ISPs) and the creative industries, in particular trade bodies representing the music and film industries, to deal with copyright infringement online.


eBay abrogates presumption of irreparable harm in copyright cases in Ninth Circuit
  • McDermott Will & Emery
  • USA
  • August 31 2011

Considering the impact of the Supreme Court’s 2006 ruling in the patent infringement case eBay Inc. v. MercExchange, L.L.C. on copyright cases, the U.S. Court of Appeals for the Ninth Circuit Court held that irreparable harm may no longer be presumed upon showing a likelihood of success when seeking preliminary or permanent injunctive relief in copyright infringement cases.


Italian patent data now in EPO database
  • McDermott Will & Emery
  • European Union, Italy
  • June 23 2011

The European Patent Organisation (EPO) and the Italian Patent and Trademark Office recently agreed that Italian bibliographic data up to April 2011 and Italian citations from October 2008 can now be accessed on EPO’s worldwide database.


“Internet trinity” no longer holy in internet trademark cases
  • McDermott Will & Emery
  • USA
  • March 31 2011

In a decision that will limit the ability of trademark owners to challenge competitors’ keyword advertising, the U.S. Court of Appeals for the Ninth Circuit vacated a preliminary injunction issued by a district court barring a defendant’s purchase of a competitor’s trademark as a keyword to trigger internet advertisements.


European Commission consultation on the future of electronic commerce
  • McDermott Will & Emery
  • European Union
  • November 4 2010

Electronic Commerce amounts to less than 2 per cent of total retail service sales in the European Union.