May 1, 2025, marked the entry into force of most provisions of Phase I of the new Regulation (EU) 2024/2822, which forms part of the "Designs and Models Package" adopted within the European Union. This text, in addition to...more
5/27/2025
/ Copyright ,
Design Patent ,
EU ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
New Legislation ,
Patents ,
Regulatory Reform ,
Regulatory Requirements ,
Trademarks
To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more
5/27/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Government Agencies ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance
IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more
5/13/2025
/ Breach of Contract ,
CDPA ,
Computer-System Design/Software Services ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Enforcement Actions ,
IBM ,
Intellectual Property Protection ,
License Agreements ,
Reverse Engineering ,
Software ,
Software Developers ,
Software Licenses ,
UK
The Court of Justice of the European Union ("CJEU") recently issued an important ruling in the case of Società Italiana Lastre SpA (SIL) v. Agora SARL (C-537/23). The decision addresses the validity criteria of asymmetric...more
5/5/2025
/ Business Litigation ,
Choice-of-Law ,
Commercial Litigation ,
Contract Disputes ,
Contract Terms ,
Court of Justice of the European Union (CJEU) ,
Dispute Resolution ,
Enforcement Actions ,
EU ,
Jurisdiction ,
Litigation Strategies
The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more
3/3/2025
/ Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Design Patent ,
Enforcement Actions ,
Injunctions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Trademark Infringement ,
Trademarks
There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more
2/26/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Research ,
Legal Training ,
Machine Learning ,
Thomson Reuters ,
Westlaw
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more
The Court of Justice of the European Union ("CJEU") has issued a ruling on the joint liability of suppliers and producers in the context of product liability, with notable implications for the use and impact of trademarks in...more
The European Commission has released a new template for summarizing training data used in general-purpose artificial intelligence ("AI") models, as part of its broader AI regulatory framework....more
The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...more
The UK Intellectual Property Office ("UKIPO"), in collaboration with the UK Department of Culture, Media and Sport ("DCMS") and the UK Department for Science, Innovation and Technology ("DSIT"), has initiated a Consultation...more
On December 11, 2024, the French High Council for Literary and Artistic Property ("CSPLA") published a report on the implementation of the European regulation on artificial intelligence ("AI"), focusing on the transparency of...more
The UK Supreme Court has issued a landmark judgment dealing with specific bad faith considerations for trade marks....more
12/18/2024
/ Bad Faith ,
Corporate Counsel ,
Goods or Services ,
Intellectual Property Protection ,
Trademark Application ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
UK ,
UK Brexit ,
UK Supreme Court
The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more
12/10/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Court of Justice of the European Union (CJEU) ,
EU ,
Intellectual Property Protection ,
Popular ,
Software ,
Software Developers ,
Video Games
The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more
The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more
12/6/2024
/ Copyright ,
Court of Justice of the European Union (CJEU) ,
Digital Goods ,
Exhaustion Doctrine ,
France ,
Gaming ,
Intellectual Property Protection ,
Online Gaming ,
Resales Agreements ,
Supreme Court of France ,
Video Games
The Situation: The French Supreme Court recently considered whether a limitation of liability clause could be enforced against a third party to a contract claiming compensation for a breach of contract that caused it damage....more
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 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
CJEU Decision -
In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world tangible items, such as artwork and real...more
NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world items, such as artwork and real property, or...more
4/21/2022
/ Blockchain ,
Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Entertainment Industry ,
Financial Markets ,
Intellectual Property Protection ,
Investment Opportunities ,
Movies ,
Non-Fungible Tokens (NFTs) ,
Popular ,
Quentin Tarantino ,
Star Wars
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