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Intellectual Property Law - February 2016

Both Sides Claim Victory in ITC Ruling re Converse's "Chuck Taylors" - Why it matters: On November 17, 2015, an International Trade Commission judge issued an initial ruling in In the Matter of Certain Footwear...more

Five on Friday – Five Recent Developments that We’ve Been Watching Closely

It’s Friday and time for another overview of developments in the field of business and human rights that we’ve been monitoring. This week’s post includes: recent developments with regard to a major Alien Tort Statute...more

Do the Restrictions on Advertising with Nutrition and Health Claims also Apply to Communications Addressed Exclusively to Health...

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether the restrictions on promoting foodstuffs with nutrition and health claims also apply to communications addressed exclusively to health...more

Court of Justice of the European Union: Ruling on Package Design of Foodstuffs (Teekanne Felix)

By judgment of June 4, 2014, Case C-195/14, the Court of Justice of the European Union (ECJ) ruled that it is unlawful to use a package design for a fruit tea that gives the impression that an ingredient is present, when it...more

Online Targeted Advertisements are Not Sufficient to Establish Personal Jurisdiction in Wisconsin

Almost every business today has a website, which can be accessed by anyone in the world with an Internet connection. If the business provides for targeted advertising on its website, based upon the location of the person who...more

False Marking Alert: Could International Product Sales, Shipments, Or Manufacturing Land You In Prison?

Do you manufacture, ship, or sell products abroad that contain the ® trademark registration symbol on the products, labels, or packaging? If so, did you know that you may face criminal liability, imprisonment, fines, seizure...more

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

Law À La Mode - Landmark Case for Counterfeit Goods Infringement in China

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker...more

Canadian Trademark Changes Delayed Once Again – Five Things to Do While You Wait

Canada is a critical U.S. trading partner. Products and services move fluidly across the border, which makes protecting trademarks in Canada exceptionally important for U.S.-based companies. However, Canada’s anachronistic...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

German Court: Google’s Gmail Is a Regulated Telecoms Service

For the past five years, Google and the German telecommunications regulator, the Federal Network Agency (Bundesnetzagentur – BNetzA), have been arguing whether Google’s email service Gmail qualifies as a telecommunications...more

ITC Section 337 Update – November 2015

Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more

Federal Circuit reverses ITC, holds that electronic transmissions of digital data are not "articles" subject to ITC jurisdiction...

Electronic transmissions of digital data from foreign entities are not “articles” under Section 337 (19 U.S.C. § 1337) or subject to ITC jurisdiction, held a split panel of the US Court of Appeals for the Federal Circuit. The...more

South Korean companies: progress with risk in the United States - South Korea: Building for the future

South Korean companies have made great strides in the US consumer product market, yet they must be more proactive in preventing US class action lawsuits. South Korean companies have progressively exposed themselves to...more

Pacifico Defends its Trademark Rights on Canadian Soil

Another intellectual property dispute has arisen in the brewing industry. This time, however, the battle took place on Canadian soil. British Columbia based Pacific Western Brewing (“PWB”) sued renowned Mexican brewery...more

Post Danmark II: An ‘Evolution’ Rather Than a ‘Revolution’ in the Assessment of Rebates

The EU Court of Justice has handed down its much-awaited preliminary ruling in Post Danmark II. This ruling marks an ‘evolution’ rather than a ‘revolution’ in the assessment of rebates under Article 102 TFEU. While...more

New Ground-Breaking CJEU Decision On Applicable Data Protection Law

After the controversial Google vs. Spain decision (which besides the right to be forgotten also dealt with applicable law rules), the Court of Justice of the EU (CJEU) handed down another important – and yet again rather...more

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement...more

"European Court of Justice Rules on Retroactive Loyalty Rebates"

On October 6, 2015, the European Court of Justice (the ECJ) issued an important judgment clarifying the application of Article 102 to retroactive loyalty rebates (Post Danmark AS, Case C 23/14). The case, which had been...more

Intellectual Property Alert: The Import of Electronic Data: Federal Circuit Appears Unlikely to Affirm Commission’s Jurisdiction...

The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement,...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Ofcom appeal reverses ATVOD decision in Vice UK case

By its decision of 21 July 2015, Ofcom has upheld an appeal by Vice UK Limited, ruling that Vice should not be classified as an on-demand programme service (ODPS) for the purposes of the Communications Act 2003 (Comms Act)....more

Facebook Wins First Round of European Class Action Privacy Battle

Facebook has won its latest class action case in a long-running legal battle involving 25,000 European Facebook users. The class action was led by Austrian law student and privacy campaigner Max Schrems, and alleged that...more

In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just...

When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German...more

Lego Mark Wars: Toy Giant Snaps Together Two Favorable 3D Trademark Rulings in Europe

On June 16, 2015, Lego Juris A/S obtained two favorable decisions from the General Court of the European Union which will afford protection to famous Lego “minifigure” as a three-dimensional (3D) trademark; a protection that...more

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