On January 10, 2019, Advocate General Szpunar issued his much awaited opinion in the Google case that was referred to the European Court of Justice by the French “Conseil d’Etat”, the highest administrative court of the...more
Recently, Austrian privacy activist Maximilian Schrems won a partial victory in his continuing battles with Facebook. We discuss that case below. But first, we review his prior tilts with Facebook....more
A decision rendered by the European Court of Justice (ECJ) on March 2, 2017, affirming a General Court ruling and potentially ending a nearly twenty-year legal battle, is a reminder to trademark owners that what is generic in...more
3/20/2017
/ Corporate Counsel ,
EU ,
European Court of Justice (ECJ) ,
Likelihood of Confusion ,
OHIM ,
Res Judicata ,
Trademark Application ,
Trademark Infringement ,
Trademark Ownership ,
Trademark Registration ,
Trademarks ,
Young Lawyers
On September 8, 2016, the European Court of Justice rendered a controversial decision in GS Media v. Sanoma Media, which has been acclaimed by copyright holders and heavily criticized by internet companies....more
What the recent Amazon decision tells us -
On 28 July 2016, the European Court of Justice rendered a decision in a dispute between an Austrian Consumer Protection organization known as VKI (Verein für...more
9/6/2016
/ Amazon ,
Austria ,
Data Protection ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
Extraterritoriality Rules ,
General Data Protection Regulation (GDPR) ,
Google ,
Hungary ,
Luxembourg ,
Member State ,
Personal Data ,
Preamble ,
Spain ,
Subsidiaries ,
Terms and Conditions
Key takeaways:
.. The Privacy Shield will now go into effect.
.. The preliminary start date for companies to be certified under the Privacy Shield is August 1, 2016.
.. Expect more challenges to the Privacy Shield...more
After the invalidation of the Safe Harbor by the European Court of Justice (“ECJ”) last November in the Schrems case, negotiations between the European Commission and US authorities led to a new agreement called the EU-US...more
The German carmaker, Porsche AG, which designed the iconic 911 Carrera sports car, owns the European Union and German “CARRERA” word mark, registered for “automobiles” in class 12. How far beyond automobiles does the...more
What follows below is the EU’s press release regarding the agreement on a replacement for the EU-US Safe Harbor. We are working to get details and will schedule a webinar on the new framework shortly....more
2/3/2016
/ Data Protection Authority ,
EU ,
EU-US Privacy Shield ,
European Commission ,
European Court of Justice (ECJ) ,
Federal Trade Commission (FTC) ,
International Data Transfers ,
Personal Data ,
Press Releases ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
The story begins in the UK in 1935, when a worker at Rowntree’s York factory put an idea in the suggestion box for a snack that “a man could take to work in his pack.” This idea ?led to the famous four-finger Kit Kat...more
The European Court of Justice has just issued a decision (ECJ 6 October 2015 Case C-362/14, Maximillian Schrems v. Data Protection Commissioner) that invalidates the so-called US-EU “Safe Harbor” system. Suddenly, what 3,500...more
10/7/2015
/ Binding Corporate Rules ,
Data Privacy ,
Data Protection Authority ,
Data Security ,
Edward Snowden ,
EU ,
EU Data Protection Laws ,
European Commission ,
European Court of Justice (ECJ) ,
International Data Transfers ,
Personal Data ,
SCC ,
Surveillance ,
U.S. Commerce Department ,
US-EU Safe Harbor Framework
On June 12, 2015 the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés – CNIL) issued a notice ordering Google to draw all the consequences of the CJEU May 13, 2014 ruling and to apply...more
10/1/2015
/ CNIL ,
Data Privacy ,
Data Protection ,
Data Protection Authority ,
Delisting ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
France ,
Google ,
Right to Be Forgotten ,
Search Engines
On 13 May 2014 the Court of Justice of the European Union (CJEU) issued a judgment which Google called a “landmark ruling” (Google v. Costeja Gonzalez case, C-131/12). The court held, based on the 95/46 Directive on...more
8/12/2015
/ Data Privacy ,
Data Protection Authority ,
EU ,
EU Data Protection Laws ,
European Court of Justice (ECJ) ,
France ,
Google ,
Popular ,
Privacy Laws ,
Right to Be Forgotten ,
Search Engines