The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more
3/28/2024
/ Amazon Marketplace ,
Corporate Counsel ,
E-Commerce ,
EU ,
Geo-Blocking ,
Intellectual Property Protection ,
Internet Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
UK ,
UK Supreme Court ,
Websites
In Short -
The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more
12/1/2023
/ Damages ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Marking ,
Patent Trial and Appeal Board ,
Patents ,
UK
In Short -
The Situation: Both the United Kingdom and European Union have recently announced proposals to introduce new legal instruments which address alleged greenwashing. When implemented, such legislation would...more
In Short -
The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more
In Short -
The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more
Background -
On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more
A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/19/2021
/ Biden Administration ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Executive Orders ,
Intellectual Property Protection ,
Misappropriation ,
Pleading Standards ,
Proprietary Information ,
SCOTUS ,
Trade Secrets ,
Van Buren v United States
The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018.
The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more
7/5/2018
/ Christian Louboutin ,
Color Marks ,
Court of Justice of the European Union (CJEU) ,
EU ,
Fashion Design ,
Intellectual Property Protection ,
Red Sole Shoes ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks
The Situation: The recent EU Commission proposal for a tightening of consumer protection regulations envisages, in one of its pillars, to step up government enforcement of EU consumer rules, including by introducing a...more
The Situation: Alterations to the European Union’s trademark laws came into force on October 1, 2017.
...more
10/13/2017
/ Amended Regulation ,
Certification Marks ,
Commission Delegated Regulation ,
EU ,
European Union Intellectual Property Office (EUIPO) ,
Graphic Designs ,
Inherently Distinctive ,
Member State ,
New Legislation ,
Sound Marks ,
Trademark Registration ,
Trademarks