Archives: EMEA

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Australian Postal Corporation v Digital Post Australia [2013] FCAFC 153

By Melinda Upton and Rohan Singh On 6 December 2013, the Full Court of the Federal Court of Australia dismissed an appeal by Australian Postal Corporation (Australia Post) and upheld the primary judge’s decision that “DIGITAL POST AUSTRALIA” is not deceptively similar to “AUSTRALIA POST” and therefore would not infringe. Australia Post, which owns the … Continue Reading

AUSTRALIAN TREASURY CONSIDERS CONTROVERSIAL REFORMS TO EXTEND SALES TAX TO OVERSEAS ONLINE PURCHASES

By Melinda Upton and Rebecca Kay (Sydney)  In recent months, the Australian federal Treasury has come under intense pressure from local retailers and state treasures to extend the Australian goods and services tax (GST) to overseas-purchased goods and services. On 27 November 2013, the Australian Federal Treasurer, Joe Hockey, met with state treasurers to discuss these … Continue Reading

Germany/EU: European Court of Justice will decide on relationship between claim for information based on trademark law and bank secrecy

By Max Wenger and Kai Tumbraegel On 17 October the German Federal High Court (“BGH”) has submitted a request for a preliminary ruling to the European Court of Justice (“ECJ”) to clarify whether a bank may refuse to reveal the name and the address of a bank account holder with reference to the bank secrecy, … Continue Reading

Law à la Mode – Autumn 2013

The DLA Piper Fashion, Retail and Design group distributed the 11th edition of “Law à la Mode” to over 1000 clients.  Special thanks to all who contributed to this edition, especially the U.S. Editorial Team, which consisted of Ann Ford, Gina Durham, Tamar Duvdevani, Radiance Harris, Kiran Gore, Melissa Reinckens, and Airina Rodrigues. Please click … Continue Reading

Google shall NOT monitor Adwords keywords

Reposted from July 2013 issue of DLA Piper’s Sports, Media and Entertainment Intelligence By Giulio Coraggio The Court of Palermo (Italy) held that Google as an hosting provider is not obliged to monitor the AdWords keywords selected by its users. The court did find liability for a local rental company, Sicily by Car, for the … Continue Reading

It’s a bird! It’s a plane!: Superman claims victory in the Federal Court of Australia

By Melinda Upton and Danielle Selig What you need to know On 22 May 2013, Justice Bennett refused an application in the Federal Court of Australia, by Cheqout Pty Ltd (Cheqout), to register the trade mark “superman workout”. Adopting the test relied upon by Justice Dodds-Streeton in Fry Consulting v Sports Warehouse Inc (No 2) … Continue Reading

SIGNIFICANT CHANGES INTRODUCED AND PLANNED TO UK IP LEGISLATION

By John Wilks and Charles Harvey UK IP legislation is changing. First, the Enterprise and Regulatory Reform Act 2013 (which received Royal Assent on 25 April 2013), has just been published, and modifies UK copyright law (though not as drastically as some would have liked). Secondly, the Government announced in the Queen’s Speech that it … Continue Reading

The “Copy” Right in Australia

By Kathryn Purcell-Hennessy (Brisbane, Australia) Introduction Internet use in Australia is widespread, with the Australian Bureau of Statistics reporting that in 2010-11 (the latest figures available), more than 50% of Australians aged between 15 and 34 created online content and downloaded videos, movies or music. More than 68% of Australians in those age brackets listened … Continue Reading

DLA Piper Gathers in Schaumburg for IPT Retreat

This past weekend, over 200 DLA Piper attorneys traveled to Schaumburg, Illinois for the Intellectual Property & Technology (IPT) Practice Group Conference (“Conference”). The Conference’s theme was “Celebration and Commitment.” This three-day event focused on networking across offices, celebrating the achievements of the IPT practice, and committing to goals to expand and improve the IPT … Continue Reading

ICANN ANNOUNCES “REVEAL DAY” FOR NEW GTLD PROGRAM

By John Wilks and Damian Herrington, DLA Piper UK The Internet Corporation for Assigned Names and Numbers (ICANN) has just announced that the target “Reveal Day” for its new generic Top Level Domain (“gTLD”) program – the day when the list of gTLDs that have been applied for is announced – will be 13 June 2012. … Continue Reading

TODAY IS WORLD IP DAY

World Intellectual Property Organization (WIPO) Director General Francis Gurry said the day “is an opportunity to celebrate the contribution that intellectual property makes to innovation and cultural creation – and the immense good that these two social phenomena bring to the world.” WIPO posted a number of suggestions for celebrating World IP Day. This year’s … Continue Reading

UK Government publishes consultation on copyright

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The consultation following up recommendations in the Hargreaves Review outlines Government plans to improve copyright laws. The consultation, which will run for 14 weeks and conclude on 21 March 2012, is in line with the Government’s “response” to the Hargreaves Review … Continue Reading

UK: High Court rules that Google is not liable in blog defamation case

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell The High Court has ruled that Google did not have “actual knowledge” of defamatory material where complaints were not “sufficiently precise and well substantiated”. On 25 November 2011 the High Court ruled in favour of Google; setting aside an order that … Continue Reading

New Global Rules for Digital Interactive Marketing

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Edwin Co. v. Elio Fiorucci: Designer and Company Share a Name?

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

Idiosyncrasies of the Spanish Fashion Market

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

The Debate for AdWords Ownership in Cyberspace Continues

Reposted from DLA Piper’s Law à la Mode Edition 4 – Winter 2011 By:  Michael K. Barron, Sarah Phillips and Nadea Taylor (Boston and London) “AdWords,” the paid, subscription-based Google referencing service which allows users to advertise their companies alongside Google search results, has recently been the subject of much legal scrutiny.  In late September, the European … Continue Reading

FIRST INSIGHT INTO THE EUROPEAN COMMISSION’S PROPOSAL FOR A NEW EU DATA PROTECTION LAW

by Patrick Van Eecke, Cameron Craig and Jim Halpert Viviane Reding, European Commission Vice-President and Commissioner responsible for justice, fundamental rights and citizenship, has announced the long-awaited Proposal for a new Data Protection Regulation.  The Proposal, announced December 6, has now entered into inter-service consultation with other Commission Directorates-General, after which the text will be … Continue Reading

“Just passing through sir or really stopping off?” – the CJEU rules on counterfeit goods in transit

By Siân Croxon, Partner, DLA Piper UK The CJEU has provided some clarification of the law on when EU customs officials can seize counterfeit goods that are merely in transit through the EU.  The story began in 2008 when a consignment of Nokia branded mobile phones arrived in Heathrow in transit from China to Colombia.  The … Continue Reading

UK signs agreement on intellectual property and growth with Brazil

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers” after a complaint of unfair treatment by the Chief Negotiator of the Palestine Liberation Organisation (“PLO”). “The Palestine Papers”, a four-part documentary series broadcast on … Continue Reading

BT requested to block The Pirate Bay website

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers” after a complaint of unfair treatment by the Chief Negotiator of the Palestine Liberation Organisation (“PLO”). “The Palestine Papers”, a four-part documentary series broadcast on … Continue Reading

Culture Minister calls for balance between advertising innovation and privacy

Reposted from DLA Piper’s Media & Sport Group Bulletin Editorial Team: Nick Fitzpatrick, Duncan Calow and Patrick Mitchell Ofcom has cleared Al Jazeera English channel (“Al Jazeera”) for its broadcast of “The Palestine Papers” after a complaint of unfair treatment by the Chief Negotiator of the Palestine Liberation Organisation (“PLO”). “The Palestine Papers”, a four-part documentary series broadcast on … Continue Reading
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