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EU High Court Overturns Telecom Data Retention Requirements

The Court of Justice of the European Union, the highest court in the EU, declared the EU’s 2006 Data Retention Directive invalid in a judgment issued on April 8, 2014. The directive, which has been implemented via national...more

European Court Of Justice Declares Data Retention Directive Invalid

The Directive requires public electronic communications providers to retain certain communications data (essentially traffic data) to help in the fight against serious crime. It came into force in 2006 after a number of...more

ITC Reasserts Jurisdiction over Electronic Transmissions in Digital Models

On April 3, 2014, the International Trade Commission (the ITC or the “Commission”) released an opinion in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental...more

How Will ITC Confirmation That It Has Jurisdiction Over Digital Imports Impact Software and Media Industries?

The International Trade Commission (ITC) issued its much-awaited decision in Certain Digital Models today, affirming in a decision with important implications for the software and media industries that digital importation is...more

Wish Atlanta Files Complaint To Make ContextLogic Wish For A Different Trademark

Wish Atlanta, LLC, (“Wish Atlanta”) asserts trademark infringement of U.S. Trademark Registration Nos. 3783165 (IC025 and IC035) and 4242361 (IC035) (the “Wish Mark”) against ContextLogic, Inc. (“CLI”) in its complaint filed...more

Trader Joe’s vs. Pirate Joe’s Update

The very popular US grocery retailer Trader Joe’s has a following among Canadian consumers. Capitalizing on this popularity north of the border, a Vancouver entrepreneur has made it his business to buy genuine Trader...more

German Court Rules Against Facebook’s “Friend Finder”

On January 24, 2014, in a case filed against Facebook by German consumer protection association VZBV, the Berlin Court of Appeal (“Court”) upheld a lower court ruling that Facebook’s “Friend Finder” function is unlawful. The...more

Svensson v. Retriever Sverige AB - European Union Court of Justice, February 13, 2014

Plaintiff journalists wrote articles that were published in a Swedish newspaper and were freely accessible on the newspaper’s website. Defendant Retriever Sverige AB operates a website that provides its users with hyperlinks...more

Google To Get Grilling Before UK Courts for Covert Safari Browser Tracking

High Court Judge Mr Justice Michael Tugendhat has declared in the case Vidal-Hall & Ors v Google Inc. [2014] EWHC 13 (QB) (16 January 2014) that infamous U.S. corporation Google Inc. (‘Google’) will face the scrutiny of the...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Atlantique...

French television production company Atlantique Productions, S.A. sued ION Media Networks, Inc. for breach of contract, and related claims, based on negotiations regarding U.S. television distribution of the internationally...more

Full Class Heading Does Not Cover “All Services” in the United States

Trademark owners outside the United States often find it useful to file U.S. applications based on priority from an application or registration in their home country, or as an extension of protection from an International...more

Advertising News & Analysis - January 30, 2014

In this issue: - FTC says Agencies Responsible for Clients' Deceptive Ads - Don't Let Product Claims Fly Solo with Other Products - FTC Wants TV to Trim Deceptive Diet Ads - Home is Not Where the...more

The French Data Protection Authority Fines Google for Breach of French Privacy Laws

After two years of investigation and proceedings regarding Google’s privacy policy, European Data Protection Authorities (DPAs) are now reaching their final decisions against Google. The French DPA (“CNIL”) issued, on January...more

Prior Restraint Vacated in Lawsuit by Haiti's Prime Minister

A federal district judge in Miami vacated a prior restraint forbidding a U.S.-based Haitian journalist from ever publishing anything relating to the prime minister of Haiti. Prime Minister Laurent Lamothe sued Leo Joseph for...more

Third-Party Service Providers Not Liable for Contributory Trademark Infringement

Trademark owners frustrated by cybersquatting will not be able to sue third-party service providers for contributory infringement, according to a decision by the U.S. Court of Appeals for the Ninth Circuit....more

Trademark Review - Ready to Drink Wine? and What is a Certification Mark? (November 2013)

Ready To Drink Wine? Winemaker Amuse Bouche applied to register the mark “PRÊT À BOIRE,” which is French for “ready to drink.” The Examining Attorney alleged the term is generic when used in connection with wine and...more

News from Abroad: Is an Emergency Marketing Authorisation Valid Basis for an SPC Application for a Plant Protection Product?

The Court of Justice of the European Union (CJEU) has recently ruled that an emergency Marketing Authorisation (MA) for a plant protection product does not provide a valid basis for an SPC for that plant protection product....more

IP Update, Vol. 16, No. 10, October 2013

No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center - In a non-precedential opinion addressing declaratory judgment...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 17, 2013

Evans v. Hewlett-Packard Co., USDC, N.D. Cal., October 10, 2013 - District court rejects state-law claims brought by performer “Chubby Checker” relating to lewd mobile app using the same name, finding claims pre-empted...more

Ofcom upholds Playboy TV and Demand Adult appeal that its services do not fall within ATVOD’s jurisdiction

Ofcom upheld an appeal from Playboy TV UK and Benelux Limited (collectively the "Appellant") following a decision by the Authority for Television on Demand (ATVOD) that Playboy TV and Demand Adult (collectively the "Online...more

Intellectual Property Bulletin - Summer 2013

January 2012 saw an explosion of controversy over two Internet-related bills that had been progressing through Congress: the Stop Online Piracy Act (SOPA) in the House, and the Preventing Real Online Threats to Economic...more

The Landgericht Düsseldorf’s (Düsseldorf District Court) decision to refer “LTE standard“

With the patent infringement case “LTE-Standard“ the Landgericht Düsseldorf has on 21 March 2013 deviated from the hitherto established practice and challenged the Bundesgerichtshof’s (German Federal High Court of Justice)...more

Intellectual Property Newsletter - July 2013

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

Beijing Higher People's Court Clarifies Usage of Consent Letters to Overcome Trademark Rejections in the PRC

While the PRC Trademark Law and Implementing Regulations provide no real guidance on how or whether consent letters can be used to overcome trademark application rejections on relative grounds, in recent years, the TRAB has...more

Food Litigation Newsletter - August 5, 2013

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear...more

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