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BREXIT Causes Uncertainty in UK Trademark Protection

The United Kingdom’s decision to leave the European Union may have far reaching consequences for immigration and trade and it will have an impact on trademark rights as well. For those trademark owners who have sought to...more

Impact of Brexit for Intellectual Property Rights

A British vote to leave the European Union (EU)—the Brexit referendum issue scheduled for a vote June 23, 2016 — would have a significant effect on intellectual property right-holders, such as manufacturers doing business in...more

Righting Copyright Wrongs Remains Elusive – Kirtsaeng Leaves Fee Awards to District Court Discretion

On June 16, the U.S. Supreme Court’s decision in Kirtsaeng v. John Wiley & Sons Inc., No. 15-375, resolved a circuit court split by reaffirming the test district courts should use to determine whether to award attorney’s fees...more

Jack Ma Confuses Counterfeit with Off-Brand

Jack Ma, the founder of the Chinese internet giant Alibaba, recently said that the counterfeit problem so many brands are dealing with today is primarily a result of the fact that the fakes are actually better than the...more

German Parliament (Deutscher Bundestag) releases operators of Wi-Fi networks from liability for copyright infringements committed...

On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

German Federal Constitutional Court: Use of short “samples” in music titles does not qualify as infringement of exploitation...

On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall”...more

Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia: Permanent Court of Arbitration Tribunal Publishes...

The Permanent Court of Arbitration (“PCA”) has just released the full award of the Tribunal in Philip Morris Asia Limited (Hong Kong) v. The Commonwealth of Australia, which was rendered in late 2015. We previously published...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

EU Retail News - May 2016

UK: How to comply with consumer protection laws — are you faking it? On 4 March 2016, the UK Competition and Markets Authority ("CMA") published guidance for businesses on how to comply with consumer protection law...more

EU Trade Mark Regulation (EU) 2015/2424 in force

On 23 March 2016, European Union Trade Mark Regulation (EU) 2015/2424 came into force. The new Regulation amends Community Trade Mark Regulation 207/2009/EC, and makes a number of procedural and substantive changes to EU...more

What Happens in the U.S. Stays in the U.S.: IP Dispute Against Canadian Company Will Not be Moved to Canadian Forum

Although motions to dismiss or transfer a case based on a forum non conveniens theory typically focus on the relative merits of two U.S. jurisdictions, this theory may also be applied when a party claims that a case brought...more

China Supreme Court Has Spoken: Long Anticipated Decision on OEMs and Trademark Use

China has been the factory of the world for the past few decades. Countless foreign brand owners have taken advantage of the low-cost manufacturing environment and have flocked to the middle kingdom to source their goods –...more

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

News of Note for the Internet-Minded – 4/28/16

Several companies cast an eye toward the Internet of Things, Twitter’s AI gets pretty good at live video, some industry giants get behind the driverless car, and more … Samsung launches a place in the cloud just for...more

Hyperlinking to unauthorised content does not itself constitute copyright infringement, says Advocate General

The Advocate General of the Court of Justice of the EU (CJEU) has stated in a legal opinion that posting a link to a website that contains “freely accessible” copyright infringing content should not itself amount to copyright...more

U.S. Market Entry for the German Healthcare IT Company

The healthcare market in the United States is massive, with total spending in excess of $3 trillion. Federal government incentives for the adoption of electronic health records has resulted in an increasingly interoperable...more

EU Retail News - April 2016

Welcome to the first issue of EU Retail News written by members of the Retail Team at Bryan Cave - EU and US: Marketing fitspiration from SoulCycle - SoulCycle has taken the US by storm, with fitness studios...more

MarkIt to MarketTM - March 2016

The March issue of Sterne Kessler's MarkIt to MarketTM newsletter discusses use requirements of which trademark owners should be aware before undertaking a foreign filing program, and currently open gTLD sunrise...more

Fourth Circuit Extends Section 43(a) Lanham Act Standing to Companies Not Selling Their Product or Using Their Mark in the U.S.

Last week, an appellate court held that a plaintiff has standing to bring a false association and false advertising claim under Section 43(a) of the Lanham Act, even though it did not use its mark or sell its competing...more

CARRERA’s Trademark Reputation: “Luxury, High Tech, High Performance and Success”

The German carmaker, Porsche AG, which designed the iconic 911 Carrera sports car, owns the European Union and German “CARRERA” word mark, registered for “automobiles” in class 12. How far beyond automobiles does the...more

Cuban Trademark Protection: Is now the time?

Recent relaxations in travel restrictions and talks to end the economic embargo the United States has imposed on Cuba for more than 50 years have increased interest in the Cuban market. With its close proximity and 11 million...more

IP Litigation Insider - March 2016

Are Ex Parte Reexaminations An Overlooked Method of Challenging Patents? In the wake of the September 16, 2011, enactment of the America Invents Act ("AIA"), many third-party individuals and organizations began utilizing...more

6 Unique Challenges for Protecting and Exploiting Intellectual Property in the United Arab Emirates

The United Arab Emirates (UAE) is an attractive global business centre and gateway to the wider Middle East region for international companies seeking to commercialise and exploit their brands, products and...more

Your European Community Trademark Is About to Disappear - BUT DON'T WORRY!

On Wednesday, March 23, 2016, changes are coming to the world of European Community trademarks and Community designs. The Office for Harmonisation in the Internal Market (OHIM) has to date been the European Union (EU)...more

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