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
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 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
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
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
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
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: 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