Communications & Media Intellectual Property International Trade

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

Adoption of the ‘Trade Mark Package’ and practical implications

On 23 March 2016, the European Union Trade Mark Regulation (dated 16 December 2015) comes into force. As part of the package of changes introduced by the Regulation, the ‘Community trademark’ will change its name to the...more

False Marking Alert: Could International Product Sales, Shipments, Or Manufacturing Land You In Prison?

Do you manufacture, ship, or sell products abroad that contain the ® trademark registration symbol on the products, labels, or packaging? If so, did you know that you may face criminal liability, imprisonment, fines, seizure...more

Belmora v. Bayer: Does the Lanham Act Protect An Owner of a Well-Known Foreign Mark From Intentional Misuse of the Mark in the...

In Belmora LLC v. Bayer Consumer Care AG,1 the U.S. Court of Appeals for the Fourth Circuit is faced with novel issues about the reach of the Lanham Act. The case arose from Bayer’s filing of a petition to cancel Belmora’s...more

Newly published European Trademark Directive and Regulation Gives Owners of EU Trademark Registrations for Class Headings Last...

Among several other changes in the European Union Trademark (EUTM) system (formerly referred to as the Community Trademark (CTM)), the European Union Intellectual Property Office (formerly known as OHIM) will provide a period...more

A Brief Decoding of Trademark Notice Guidelines

As the global nature of the economy and business grows, companies are faced with the challenge of determining when, whether and how to provide notice of trademark rights on product packaging and advertising materials. The...more

Permanent Court of Arbitration Tribunal declines jurisdiction to hear Philip Morris’ challenge to Australia’s plain packaging laws...

News has just emerged that the Permanent Court of Arbitration (“PCA”) declined jurisdiction in a unanimous decision to hear the merits of Philip Morris’ expropriation claim against the Commonwealth of Australia. Philip...more

The Sports Industry 2015: A Year of Unprecedented Landmark Change

We could not let the dust settle on 2015 without recapping the monumental upheaval the sports industry has experienced this year. Not since Rupert Murdoch unearthed sport as a commercial “battering ram” for distribution...more

International Trade Alert: A Political Preview of the EU Copyright Reform

On 9 December 2015, as part of the implementation of the Digital Single Market Strategy, the European Commission published its first legislative proposal aimed at modernising the copyright framework in Europe. The proposal...more

Law À La Mode - Landmark Case for Counterfeit Goods Infringement in China

In a recent landmark decision, the newly established Beijing Intellectual Property Court (Court) awarded the first ever maximum statutory damage under China’s new trademark law in favor of French-Italian luxury outwear maker...more

Canadian Trademark Changes Delayed Once Again – Five Things to Do While You Wait

Canada is a critical U.S. trading partner. Products and services move fluidly across the border, which makes protecting trademarks in Canada exceptionally important for U.S.-based companies. However, Canada’s anachronistic...more

2015 End-Of-Year Wrap-Up

On November 19, 2015, Benesch’s 3D printing group quarterbacked a well-attended presentation sponsored by the Association for Corporate Growth-Cleveland. In addition to Mark Avsec from Benesch (and Ira Kaplan’s...more

UK Film & Television Update - European Commission Announces Its Intention to Regulate Cross-Border Portability of Online Content

The EC’s attempt to harmonize copyright across Europe raises questions for both content providers and consumers. Readers may recall that on 6 May 2015 we issued an update notifying the European Commission (EC)'s...more

Landmark Decision of German Federal Court of Justice on Blocking of Copyright-infringing Websites

On 26 November 2015, the German Federal Court of Justice ruled that Internet access providers (IAP) can be liable for copyright infringements on third parties’ websites and can thus be ordered to block access to such...more

ITC Section 337 Update – November 2015

Federal Circuit Panel Rules Commission Lacks Jurisdiction Over Digital Transmissions – On November 10, 2015, the Federal Circuit issued a 2-1 panel opinion in ClearCorrect Operating LLC v. ITC, Appeal No. 2014-1527, reversing...more

Intellectual Property Alert: Federal Circuit Limits ITC Jurisdiction to “Material Things”

The Court of Appeals for the Federal Circuit has limited the scope of 19 U.S.C. § 1337 (Section 337) to “material things,” which does not include electronic transmissions of digital data. ClearCorrect Operating, LLC v. ITC,...more

The European digital single market: where are we now?

It has been a busy few months for the European Commission. When the Commission announced its plans for the digital single market (DSM) on 6 May, many commentators and stakeholders felt that it provided more questions than...more

CBP Expands Information Sharing Procedures to Help Detect Counterfeit Merchandise

Effective October 19, 2015, U.S. Customs and Border Protection (CBP) implemented a final rule expanding CBP’s information sharing procedures with importers and trademark owners with respect to merchandise suspected of bearing...more

Jagla Moderates INTA/OHIM Examiner Training Highlighting Business in Regulated Industries and the Regulatory Impact on Trademarks

A diverse panel of International Trademark Association (INTA) members met with Office of Harmonization for the Internal Market (OHIM) officials, OHIM examiners and representatives from the national offices in Alicante, Spain,...more

The Importance Of A Trademark Registration In A Global Economy

A trademark registration is an important asset in a global and online economy. Owning a trademark registration can increase a company’s value to potential investors or purchasers, allow a company to secure rights in a mark...more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding...more

Intellectual Property Alert: The Import of Electronic Data: Federal Circuit Appears Unlikely to Affirm Commission’s Jurisdiction...

The United States International Trade Commission (ITC or Commission) possesses unique powers under 19 U.S.C. § 1337 (Section 337). Upon finding that a party engaged in “unfair acts,” e.g., patent or trademark infringement,...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Commission sends Statement of Objections to BSkyB and film studios

On 23 July 2015, the European Commission (the "Commission") sent a Statement of Objections to BSkyB and six major studios: Disney, NBC Universal, Paramount Pictures, Sony, Twentieth Century Fox and Warner Bros (the "Film...more

The New Cuba Reality and Your Intellectual Property

With the recent changes to the Cuba-U.S. relationship, certain aspects of the Cuban economy are opening up to U.S. companies. You may now be contemplating joining other businesses that are or will be selling or manufacturing...more

Guide To Doing Business In New Zealand: Intellectual Property (Updated)

INTELLECTUAL PROPERTY - There are a variety of laws dealing with the protection of intellectual property in New Zealand. These laws permit the creation of legal rights to the exclusive use or ownership of copyright...more

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