The Situation: The UK Competition and Markets Authority ("CMA") recently secured undertakings from fashion brands ASOS, Boohoo, and George at Asda to address allegedly misleading environmental claims. The CMA has also...more
5/22/2024
/ Advertising ,
Advertising Standards Authority ,
Competition ,
Corporate Counsel ,
Environmental Claims ,
Environmental Policies ,
EU ,
Federal Trade Commission (FTC) ,
FTC Act ,
Green Energy ,
Greenwashing ,
Section 5 ,
UK ,
UK Competition and Markets Authority (CMA)
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
The UK Competition and Markets Authority ("CMA") launched a market study on 20 February 2024 into baby formula, the latest development in a broader focus on the food and grocery sector....more
2/27/2024
/ Antitrust Investigations ,
Baby Products ,
Competition ,
Federal Trade Commission (FTC) ,
Financial Services Industry ,
Grocery Stores ,
Manufacturers ,
Price Inflation ,
Suppliers ,
UK ,
UK Competition and Markets Authority (CMA)
The UK Competition and Markets Authority ("CMA") announced a review of competition and consumer protection considerations in the development and use of artificial intelligence ("AI") models....more
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
A 2018 European Union Directive provided additional protections to trade secrets and harmonized laws between EU member states. Jones Day Madrid Partner-in-Charge Marta Delgado Echevarría and London Partner Rebecca Swindells...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
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
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
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
Most trade secret misappropriation is the work of a company employee or former employee. Jones Day partners Andrea Weiss Jeffries, Steve Zadravecz, Rebecca Swindells, Dr. Christian Paul, and Jon Linas explain why strategic,...more
Trade secret misappropriation matters in the United Kingdom are governed by the EU's Trade Secrets Directive, which stipulates basic requirements for protection and enforcement across Europe. Partner Rebecca Swindells talks...more
In this edition of Jones Day's Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office....more
The Background: Manufacturers and brand owners of personal protective equipment ("PPE") and other "essential" items have discovered unauthorised third parties reselling their products at vastly inflated prices, including on...more
The Situation: Protecting intangible property can be extremely challenging, but significant and effective tools are available under English law to minimize significant harm to entities that have been victimized by a data...more
6/10/2019
/ Confidential Information ,
Data Breach ,
Data Protection ,
English Common Law ,
EU Trade Secrets Directive ,
Intellectual Property Protection ,
Member State ,
Misappropriation ,
Trade Secrets ,
UK ,
UK Brexit
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: 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