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
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