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Burden of Proof European Court of Justice (ECJ)

Hogan Lovells

German FCJ: Trademark owners bear the burden of proof for the public recognition of a trademark

Hogan Lovells on

The German Federal Court of Justice recently published a decision (Case No. I ZB 16/20) clarifying that trademark owners bear the burden of proof for public recognition of a trademark within the affected trade circles in...more

Spirit Legal

The end of dark patterns in “cookie walls”: German court bans deceptive designs

Spirit Legal on

Website operators are not permitted to use cookies and similar tracking technologies for analysis and marketing purposes without the informed consent of users, if this involves sharing personal data with third parties and...more

McDermott Will & Emery

The Re-Awakening of a Once-Dormant Tool?

McDermott Will & Emery on

The European Commission (EC) has found, on a prima facie basis, that Broadcom abused its dominant position. In order to avert the risk of serious and irreparable damage to competition, Broadcom has been ordered to cease its...more

Jones Day

Rewarding Loyalty: ECJ Holds that Loyalty Rebates Do Not Per Se Restrict Competition

Jones Day on

The Background: In September 2017, the European Court of Justice (Case C-413/14 P) reversed the ruling of the General Court, which had upheld the European Commission's €1.06 billion fine on Intel for abusing its dominant...more

McDermott Will & Emery

A Guide through Europe’s New Unified Patent System

McDermott Will & Emery on

Introduction - The EU Patent Package (the Patent Package) consists of two related, but independent parts: a Unitary EU Patent (the Unitary Patent or UP) and a Unified Patent Court (the UPC). The new system is expected...more

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