The Briefing: The Supreme Court Limits the Reach of The Lanham Act [PODCAST]
Emerging Strategies for Protecting Global IP Rights
Patent Series: Protecting inventions
Video Game Lawsuit Highlights Intellectual Property Issues with Internet Memes
Harlem Shake's Copyright Issues
Apple Loses First 'Big' Case to MobileMedia, Lawyer Says
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more
To help organizations stay on top of the main developments in European digital compliance, Morrison Foerster’s European Digital Regulatory Compliance team reports on some of the main topical digital regulatory and compliance...more
At the core of the definition, a Parallel import is a non-counterfeit product imported from another country without the permission of the intellectual property owner. They are also goods that are not authorized for...more
Trucks, trucks, trucks – unless you’ve been living under a rock in the antitrust world, you’ve probably heard about, or even worked on, one of the many follow-on litigation claims related to the Commission’s 2016 cartel...more
The court determined that mere infringement of the GDPR is insufficient for a damages claim, but that there is no minimum threshold for non-material damages. In a recent judgment (Case C-300/21), the Court of Justice of...more
On 4 May 2023, the European Court of Justice (CJEU) delivered its highly anticipated judgement in Österreichische Post (Case C-300/21) on a crucial issue: the extent to which data subjects affected by a breach of the GDPR...more
The Court of Justice of the European Union (CJEU) ruled out automatic damages awards for civil litigants establishing infringements of the General Data Protection Regulation (GDPR). At the same time, the CJEU suggested that...more
On 15 February 2023, the EU Commission launched an infringement procedure against France by sending it a formal notice regarding its labelling requirements for the recycling of household products. Indeed, subject to...more
European Union - In May 2022, the GC upheld the EC's €28 million fine imposed on Canon for gun jumping in the context of a so-called warehousing structure. Interestingly, the GC ruled that the standstill obligation does...more
As we ring in the new year, it is time once again to reflect on some of the most significant legal developments for drug and device companies this year. The list below is by no means exhaustive (who could forget the Rule 702...more
The Advocate General of the Court of Justice of the EU has issued an Opinion stating that mere "upset" is not sufficient to give rise to a claim for compensation under Article 82 of the GDPR....more
A year on from the national implementation deadline of the Directive on copyright in the Digital Single Market, the CJEU has upheld controversial Article 17. In September 2016, the European Commission announced its...more
On 23 February 2022, the EU's General Court (GC) dismissed a €1.7 billion claim for damages brought by United Parcel Service Inc. (UPS) against the European Commission (EC).1 UPS sought compensation for the losses resulting...more
In its judgment of 2 September 2021, the ECJ ruled in particular that the German Federal Network Agency (Bundesnetzagentur) does not have the sufficient independence required under EU law. According to the ECJ, EU law...more
In previous decisions the European Court of Justice ("ECJ") had ruled that cartel infringements continue as long as they have economic effects. This was partly interpreted to mean that a bid-rigging cartel only ends with the...more
McDermott’s Annual European Competition Review summarizes key developments in European competition rules. During the previous year, several new regulations, notices and guidelines were issued by the European Commission. There...more
In what is likely to be the final judgment of an English Court as a Community Design Court, the Intellectual Property Enterprise Court (“IPEC”) has ruled that Austrian shoe manufacturer Giesswein infringed the registered...more
On August 26, 2020, the United Kingdom Supreme Court handed down its unanimous combined decision in the cases of Unwired Planet v. Huawei and Huawei v. Conversant. Both cases involved questions of: 1. Whether the...more
The CNIL has imposed a €250,000 fine on an online retailer for GDPR infringements in cooperation with other EU supervisory authorities. Founded in 2006 and headquartered in France, Spartoo SAS (Spartoo) is one of the...more
You are an American company. While you sell product or otherwise interact with Europe, and thereby collect personal information about European residents, you have no assets or facilities on that continent. Nonetheless, you...more
In the International Skating Union case, the European Commission investigated the compatibility of the ISU’s Eligibility Rules with EU competition law following a complaint by two Dutch ice speed skaters. Upon finding the...more
Court ruling confirms that online sales restrictions can amount to a serious infringement of competition law. On 21 January 2020, the UK’s Court of Appeal ruled that the online sales restrictions contained in Ping’s...more
Businesses are increasingly turning to trade secrets as a mechanism to protect their innovations and know-how. In some cases, trade secrets offer an attractive alternative to patent protection. Companies also recognize the...more
LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more
The Dutch competition authority (“ACM“) recently confirmed that the obligation to cooperate fully with an inspection/during a dawn raid is of utmost importance and of great relevance to companies under investigation. On 10...more