Communications & Media Intellectual Property International Trade

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DSM Watch: European Commission's data package explores data ownership, localization, liability and portability, highlighting...

On January 10, 2017, the European Commission released a Communication, a fact sheet, a working document and a public consultation relating to Europe’s “data economy”. The fact sheet states that “data is a new type of...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

It’s a Game Winning Shot but Far from a Slam Dunk: Michael Jordan Obtains Partial Victory in Chinese Courts over Use of His Name

In December 2016, China’s Supreme Court held that a Chinese manufacturer named Qiaodan Sports Company, could not continue to produce athletic shoes, clothing and gear bearing the trademark (see article), which is the Chinese...more

Introduction to Trademarks Part 1

Trademark has a major value for any business, and one of the primary concerns of any well-established or successful business man. Therefore at the beginning we must clarify what a Trademark is, its importance, and how the law...more

Why Chinese Companies Need to Exercise Caution When Attending Trade Shows in the United States

Over the past two years, owners of U.S. patents have used Chinese companies' appearances at a trade show as a patent infringement "trap." These patent owners have commenced patent infringement cases against Chinese companies...more

Michael Jordan’s Great Win in China—or Is It?

On December 8, 2016, Beijing time, the China Supreme People’s Court issued a public decision granting Michael Jordan a win in his four-year battle over the right to own his name in Chinese characters. But the win was not a...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Trade-Marks in Canada: Proper Use and Maintenance

Proper usage is essential to protecting and maintaining valuable rights in trade-marks. The general rule is ‘use it or lose it’: unless a trade-mark is actually used continuously in connection with products or services,...more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than...more

“Processing System” Does Not Render Claims Indefinite

The Federal Circuit relied on Nautilus to preserve functional language of a method claim in a decision published last Friday. In Cox Comm, Inc. v. Sprint, No. 2016-1013, the Federal Circuit held that the term “processing...more

Copyright Alert: The European Union Exposes Websites to Copyright Liability for Linking to Infringing Material of Third Parties

The Court of Justice of the European Union ruled on September 8, 2016 that websites that merely link to infringing material (instead of copying it) can be liable for copyright infringement. If this decision, GS Media BV v....more

Trademarks, Service Marks, and Trade Dress: Key Facts and Pitfalls to Avoid

1. The Difference Between a Trademark, Service Mark, and Trade Dress. A trademark is any word, term, phase, symbol, logo, design, shape, tag line, background, color, scent, sound, device, or combination thereof that...more

Advanced Copyright Issues on the Internet

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

European Commission Adopts New EU Copyright Rules

The Commission’s proposals aim to reform EU Copyright laws as part of its package of proposals towards an EU Digital Single Market. On 14 September 2016 the European Commission (the Commission) adopted new proposals for...more

UK Digital Economy Bill

The UK government has published its Digital Economy Bill, intended to lead to a new Digital Economy Act. Although this is not the first time that the UK has produced legislation on the Digital Economy, the timing of the...more

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Intellectual Property Bulletin - Summer 2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

Trademark Opposition In Mexico Entered Into Effect On August 30, 2016

Amendments to the Mexican Industrial Property Law introducing an opposition system for trademarks will enter into effect on August 30, 2016....more

Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related...more

European Court of Justice Strengthens Rights of Authors, Performers and Phonogram Producers

A new judgement issued by the Court of Justice of the European Union (CJEU) requires a business offering television or radio programs in its facilities to pay license fees to national collecting societies if the programming...more

The implications of Brexit on the entertainment and media industry

While the United Kingdom will not leave the European Union overnight, it is important to consider what the result of the Brexit referendum means to the entertainment and media industry. What are the challenges? How do we...more

MACCOFFEE Found Likely To Ride Coat-Tails Of McDonald’s EU ‘Mc’ Family Of Trademarks

On July 5, 2016, the European General Court rendered an interesting decision illustrating the broad protection enjoyed by those trademarks with “a reputation in the EU.”...more

Don’t Copy “Bounty” Bars: Distributors of Chocolate Bars Prohibited from Imitating “Bounty Bar Shape”

Mars saw a violation of its three-dimensional “Bounty” trademark and filed a lawsuit against the distributor of the “Wish” chocolate bar....more

(Trade)Marking Your Territory in the US: A Guide for Non-US Companies

Trademark rights exist on a country-by-country basis, and the laws in the United States differ in a number of significant ways from other markets. As a result, it is critical that before any non-U.S. company seeks trademark...more

Brexit's Effect on Intellectual Property Rights

Now that the United Kingdom has voted to withdraw from the European Union (commonly known as “Brexit”), we turn to the question of how Brexit will affect intellectual property rights in the UK and Europe. The good news...more

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