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Bill C-31 Proposes Major Changes to Canada's Trade-marks Act

The Federal Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. Bill C-31 is an omnibus bill which makes changes to nearly 40 different pieces of legislation. Among these amendments are changes...more

Law À La Mode - Issue 13 - April 2014

In This Issue: - PRIVACY BY DESIGN? FASHION FLAIR TRANSFORMS WEARABLE TECHNOLOGIES: The rise of the wearables – and the data protection challenges they bring - EFFECTIVELY DELIVERING IT SERVICES IN THE RETAIL...more

International Trademark Registration

Is your brand expanding outside the U.S.? Do you need an international trademark registration? The process can confusing to say the least. Here are some basics you need to know....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

ITC Says the Importation of Digital Data Can Constitute Importation of a Patent-Infringing Product

On April 3, 2014, the United States International Trade Commission affirmed that the importation of digital data via electronic transmission can constitute “importation” of a patent-infringing product in violation of Section...more

No surprises as CJEU upholds website blocking injunctions

The Court of Justice of the European Union (the CJEU) last week upheld the system of website blocking injunctions in place in Austria, following a reference from the Austrian Supreme Court in the case of UPC Telekabel v...more

The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites

On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)—decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs)...more

Mark It to Market - March 2014

In This Issue: - MARCH MADNESS - A Reminder - Changes to China's Trademark Law - INTA Annual Meeting - Hong Kong - gTLD Sunrise Periods Now Open - The March issue of Sterne Kessler's Mark It to MarketTM...more

Copyright: Europe Explores its Boundaries: Part 1: Link Hubs

This year, as the world celebrates the 25th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a...more

Hot Topics to Follow During ICANN 49 in Singapore

The 49th international Internet Corporation for Assigned Names and Numbers (ICANN) meeting is imminent—unofficially kicking off on Friday, March 21, 2014, and concluding on Thursday March 27, 2014. This will mark the first...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

5 steps to take by 5/1 to protect your trademarks in China

China’s eagerly anticipated amendments to its trademark law come into force on May 1, 2014. This new legislation aims to modernize and streamline the trademark process, strengthen trademark enforcement and make trademark...more

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV....more

Sports, Media and Entertainment Intelligence - March 2014

Italy: Opportunities for DTT frequencies in the Italian market - The Italian Ministry for Economic Development has started a competitive bid for three national DTT frequencies. Australia: Senate scrutinises state of...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

Collective Rights Management Directive Adopted by European Parliament

On 20 February 2014, the European Parliament adopted the collective management of copyright and related rights directive (Directive), which aims to make it easier for online providers to stream music in multiple EU countries....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

Collecting Societies Overhaul

With harmonisation of collective rights management in the EU having been on the European Commission’s agenda since as far back as 1995, 4 November 2013 saw the conclusion of negotiations concerning the Directive on collective...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...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

Sports, Media and Entertainment Intelligence - 2014

BETTING AND GAMING - US: Draft legislation aims to prohibit Internet gambling - Last month, a draft Internet Gambling Control Act surfaced on the Internet. This proposed legislation, attributed by industry websites to...more

Trademark Infringement by Use of AdWords? Legal Risks by Using AdWords Despite European Court of Justice (ECJ) Rulings

The internet is one of the most important marketing tools today. The use of trademarks as keywords for becoming prominently placed in the results of a search via the Google search machine is nowadays a common and important...more

AGCOM And The Administrative Enforcement Of IP Rights

The Issues Concerning the Legitimacy of the Regulations - At the end of a process started in 2010, after three public consultations on an equal number of proposals, on December 12, 2012 AGCOM (i.e. the Italian...more

Sports, Media and Entertainment Intelligence - January 2014

BETTING AND GAMING - Japan looking at casino promotion legislation - With a few very limited exceptions, gaming is generally banned in Japan. In the wake of the tsunami and earthquake, and as the 2020 Olympic Games...more

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