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Update: Syngenta Litigation Regarding GMO Corn

In a recent post, we detailed lawsuits filed by corn exporters, farmers, and other stakeholders against Syngenta Corp. regarding its marketing of corn which contains genetically modified (“GMO”) traits that have not been...more

A New Domain Name Dispute Alternative: The Uniform Rapid Suspension System (URS)

The Uniform Rapid Suspension System (URS) was created as part of ICANN’s new gTLD program. A gTLD (generic top-level domain) is the “suffix” at the end of a domain name, most commonly .com, .org, .info, .biz and .us. Prior to...more

Europe’s Right to be forgotten: update on implementation guidelines

Last week we wrote that the Article 29 Working Party (“Working Party 29?) has adopted guidelines relating to the implementation of the European Court of Justice’s Google ruling on the right to be forgotten. ...more

Are Dynamic IP Addresses "Personal Data"? German Federal Court of Justice seeks advice from the European Court of Justice

The German Federal Court of Justice (GFCJ) was scheduled to judge, on October 28, 2014, whether dynamic IP addresses are "personal data" as defined in Article 2 of the EC Data Protection Directive, and if so, under which...more

Australia: High Court Decision - Registrability of foreign language trade marks

Today [3 December 2014] the High Court handed down a decision in Cantarella Bros Pty Limited v Modena Trading Pty Limited, clarifying the test for inherent distinctiveness of trade marks, and giving clarity to the treatment...more

Federal Government May Be Liable for Patent Infringement by Private Companies Performing Quasi-Governmental Functions

IRIS Corp. v. Japan Airlines Corp.; SecurityPoint Holdings, Inc. v. TSA - Addressing the jurisdiction of a patent infringement claim against the U.S. government, the U.S. Court of Appeals for the Federal Circuit...more

This Week at the Texas Supreme Court

Wednesday, November 5: No. 12-0946, In re Bridgestone Americas Tire Operations, LLC - Relator Bridgestone seeks a writ of mandamus compelling dismissal of the underlying case for forum non conveniens. The case involves...more

Two Privacy Class Actions: Facebook and Apple

Two privacy class actions earlier this year have pitted technology giants Facebook Inc. and Apple Inc. against Canadian consumers who allege privacy violations. The two cases resulted in very different outcomes. First,...more

Ninth Circuit Finds Permanent Injunction Questionable Despite Trademark Infringement

La Quinta Worldwide LLC v. Q.R.T.M., S.A. De C.V., dba Quinta Real - While affirming trademark infringement with respect to a Mexican hotel chain’s use of its trademark in the United States, the U.S. Court of Appeals...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Judge refuses to dismiss “all natural” class action. On September 9, a...more

European Union – New Practice on black and white and colour trade marks

The protection and enforceability of black and white trademarks in the European Union has been called into question. Trademark owners should review their portfolios to determine whether this change will affect their European...more

Trademark Review - La Quinta Hotels, Kia, and Fab Again (September 2014)

Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S. La Quinta has operated LA QUINTA hotels and motels in the United States since 1968. Quinta Real operates QUINTA...more

Trade Secret Plaintiff Goes Three Rounds, Takes a Beating

Last week, New York attorney Douglas R. Dollinger asked the Honorable Vince Chhabria of the Northern District of California to reconsider an order sanctioning Dollinger and his client to the tune of $93,365.92 in monetary...more

Amici Weigh in on “Right to Register v. Right to Use” Trademark Case at Supreme Court

More than three months ago, we sounded the alarm about an important trademark case to consider the interplay between the right to register and the right to use a trademark:...more

DOJ and AAI File Briefs in Motorola FTAIA Case

We’ve previously written about Motorola Mobility v. AU Optronics, currently pending in the Seventh Circuit. As many of you know, the Seventh Circuit vacated its March 2014 decision that the higher prices for mobile phones...more

Microsoft Stands Up in Court for European Privacy Rights?

A Stored Communications Act (SCA) search warrant case arising out of a New York federal narcotics trafficking investigation is being closely watched by EU data protection authorities, privacy advocates, multinational...more

Is Deadmau5 a Dead Mouse?

With the NFL season in full swing and my fantasy football league thus far undefeated, as well as some really interesting tech stuff on fashion week, I really wanted to focus on something fascinating and fun on this...more

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc. - USCA, Seventh Circuit, August 14, 2014 - Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more

Colors, Words, and Colours: Pink with Envy

It has been nearly a year since we posed the age-old question: Does this Pink Clash with My Pink? Okay, so it’s not that old of a question. In fact, most of you (readers) may not have ever considered the inquiry....more

Microsoft Loses Round in Fight Over Email Held in Irish Data Center

Rarely do Microsoft, AT&T, Verizon, Apple, Cisco and the ACLU all agree on a particular subject; rarer still that such an unlikely coalition fails....more

FTC Employs SAFE WEB Act to Assist Canada’s Competition Bureau

On July 30, 2014, the U.S. District Court for the District of Maryland denied Aegis Mobile LLC’s motion to quash a Federal Trade Commission (FTC) subpoena seeking information related to an investigation by the Competition...more

The Trademark “Chaff” Quandary: PTO Report On Post-Registration Proof of Use

As any IP lawyer will readily admit, trademark practice before the United States Patent & Trademark Office (PTO) comes with its fair share of annoyances: inconsistent treatment of similar applications, unreasonably stringent...more

Tariffpalooza 2014

Summer 2014. The living is easy; the Copyright Board is certifying tariffs at a furious pace. As we noted back in May 2014 (Towards Certainty on Webcasting – Re:Sound Tariff 8 Certified), the Board certified Re:Sound...more

The Court of Justice of the European Union Strengthens Unregistered Community Design Rights

The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and...more

YouTube case changes rules on Internet liability

The Internet liability regime for hosting providers have been subject of different interpretations by courts in Italy and a new interesting position came up with the decision of the Court of Turin (Italy) involving YouTube...more

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