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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

B.C. Court of Appeal Finds Google Subject to B.C. Jurisdiction

More than ever before, foreign companies with websites accessible by Canadians should consider whether their online activities—even mere data gathering—put them at risk of being subject to the jurisdiction of a Canadian...more

Copyright levies on memory cards for mobile phones: another landmark decision from the CJEU (Case C-463/12)

Questions of copyright levies are hotly debated, since the decision as to whether such levies have to be payed or not has a significant influence on the price of the affected technical products and the movement of these goods...more

The French Data Protection Authority Puts Google On Notice To Delist Domain Names Beyond Site’s EU Extensions

One, of course, recalls the May 13, 2014 decision of the Court of Justice of the European Union (CJEU) on the “right to be forgotten”. As a result, the French Data Protection Authority (CNIL – Commission Nationale de...more

Goodwill Hunting – NOW it’s over

Introduction - On 13 May, the Supreme Court handed down judgment in Starbucks (HK) Limited and another (Appellants) v British Sky Broadcasting Group PLC and others (Respondents) [2015] UKSC 31. The case is significant...more

Facebook Class Action Lawsuit in Austria

A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law...more

Is the Skype Falling?

An interesting battle ground may be brewing in light of the United States Supreme Court’s recent ruling in the B&B Hardware case which Duetsblog authors have previously commented on extensively. Now that the Court has...more

State and Local Taxation: Headline News and Trends - April 2015

In This Issue: Megatrends and Developments, Business Activity Taxes, Transaction Taxes, Other Issues... ...more

Top Eight Things You Should Know About the Hague System For International Registration of Designs

U.S. applicants will soon be able to use a streamlined international filing procedure for design patents similar to the Madrid Protocol for trademark registrations. Currently, U.S. applicants seeking to protect designs in...more

Judge Essex Holds That Nokia’s Handsets Infringe Two Of Interdigital’s Patents

Yesterday, Administrative Law Judge Essex issued a one-page notice of initial determination holding that Nokia’s 3G mobile handsets infringe the asserted claims of InterDigital’s U.S. Patent Nos. 7,190,966 and 7,286,847 (“the...more

Microsoft versus the Federal Government; Round Three

Microsoft Corporation’s (Microsoft U.S.) reply brief is due this week in its appeal of The District Court for the Southern District of New York’s order to comply with the U.S. government’s warrant requiring the turnover of a...more

The CJEU tells us “More” on live broadcasting

An interesting ruling on live streaming of sports events has been issued by the Court of Justice of the EU (CJEU) in the C More Entertainment AB v Linus Sandberg case on 26 March 2015 (C-279/13). ...more

Global Trademark Protection — 5 Practical Considerations

When Tim Berners-Lee developed the World Wide Web in 1990 as a tool to share information among specialized researchers, he likely did not anticipate the degree to which his invention would radically change — in just a few...more

European Hearing on the Future of Safe Harbor

Back on February 12th 2015, Max Schrems, the Austrian law student who began Europe v. Facebook, posted a tweet suggesting that the Court of Justice of the European Union (CJEU) may hear his case as soon as this month. Since...more

Bayer Given a Headache by Trial Court Decision in FLANAX US Trademark Dispute

On February 6, 2015, a US District Court issued a ruling which underscores the territorial nature of trademark rights and the need to seek formal protection for your marks where possible in all countries of interest. The US...more

MarkIt to Market - February 2015

The February issue of Sterne Kessler's MarkIt to MarketTM newsletter provides takeaways from the Supreme Court's Hana Financial decision, identifies a new anti-counterfeiting tool for owners of Canadian trademarks and...more

Business Round-Up: Eponymous companies and use of the designer’s personal name: Mr. Alviero Martini vs. Alviero Martini S.p.A.

Alviero Martini recently decided to bring an appeal against the decision of the Court of Milan, in the proceedings brought against Alviero Martini S.p.A., which acquired the trademark “Alviero Martini Prima Classe”....more

Are U.S. Law Idiosyncrasies Destroying Your PCT Applications?

Suppose a business’s patent strategy makes studied use of the Patent Cooperation Treaty application: draft one master application to serve as the basis for filing throughout the world. Coverage is required in the United...more

Use It or Lose It: When Can a Trademark Registered Under Section 44(e) or 66(a) Be Deemed “Abandoned” in the US?

Unlike most countries, US trademark law generally requires that a mark be in use before it can be protected. The US recognizes common law rights in unregistered marks if they have been adopted in good faith and are in actual...more

Applying Canadian Securities Laws To Social Media: A Square Peg In A Round Hole (OWTTE)

The time has come for Canadian securities regulators and stock exchanges to revisit the application of securities laws and policies to the use of electronic communications for the disclosure of material information. Existing...more

Is this the end of screen scraping?

The Court of Justice of the European Union (CJEU) begun its 2015 ruling with the interpretation of Directive 96/9/CE on legal protection of databases (the “Directive”). The case was originally brought by Ryanair against PR...more

The Katten Kattwalk - Issue 06

In this issue: - “Google It”: The Search Engine’s Trademark May Be a Verb, But It’s Not Generic - You Say “Tom‘ah’to,” I Say “Tom‘ay’to”: Determining the Correct Pronunciation of Uniquely Coined...more

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