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Germany jurisdiction report: Make Google AdWords clear

Germany17-09-2019Christian Buchholz

The question under which circumstances the use of a sign identical with a trademark in Google AdWords advertisements constitutes a trademark infringement has been the subject of several decisions of the German Federal Court of Justice and the Court of Justice of the EU in the past.

India jurisdiction report: What constitutes use of trademarks?

India17-09-2019NV Saisunder and Shyamolima Sengupta

Indian trademark law follows the “first-to-use” principle. Accordingly, the right of a prior user of a trademark is recognised to be superior to that of a registered proprietor. Even registered proprietors cannot interfere with the rights of an unregistered prior user. This has been re-asserted by Indian courts in several judgments over time.

Italy jurisdiction report: Selective distribution case turns heads

Italy16-09-2019Elisabetta Guolo and Chiara Domeniconi

In a decision issued on July 3, 2019, the Court of Milan ordered Amazon to refrain from “marketing, offering for sale, promoting or advertising in Italy” the products of French fashion brand Sisley, well-known for the production of innovative and high-quality cosmetics.

Netherlands jurisdiction report: A model of copyright infringement?

16-09-2019Michiel Rijsdijk and Marlies Wiegerinck

Virtual reality and augmented reality are perfect tools to get a quick impression of, for example, a building or machine. You just need software whereby you can create a 3D model of the building or machine in question. Many software developers therefore venture to develop and exploit 3D modelling software.

Sweden jurisdiction report: The winner trademarks it all

Sweden16-09-2019Petter Rindforth

If you mention Sweden, most people probably think of ABBA. However, not many people may know that the trademark was not originally created by the famous pop group, but in fact dates back to 1906.

US jurisdiction report: Patent clues are in the courts

16-09-2019Paul J Sutton

It is essential that patent and IP attorneys routinely monitor and keep abreast of decisions handed down by the various federal courts in order for them to be effective in their work.

The new normal? NPE issues in China

China14-08-2019Guanyang Yao

Non-practising entities are a relatively new phenomenon in China, but are likely to make headway in the next few years, says Guanyang Yao of Liu, Shen and Associates.

Injunctions: Paradigm shift for India’s innovators

India13-08-2019Ranjan Narula and Suvarna Pandey

A Delhi court decision has changed the way rights owners should request for preliminary injunction in a patent infringement case, say Ranjan Narula and Suvarna Pandey of RNA.

France jurisdiction report: New law brings grand changement

13-08-2019Aurélia Marie

The French law No. 2019-486 of May 22, 2019 on business growth and transformation, known as the PACTE Law, introduces important changes in the French patent system, including conditions for infringement and invalidity actions for all the industrial property rights.

Germany jurisdiction report: Fun and games with Olympic designations

Germany12-08-2019Christian Buchholz

The Olympic rings and the Olympic Games designations are protected in Germany by their own law. The International Olympic Committee awards the Olympic Games only to countries which guarantee individual legal protection for the Olympic symbols and designations.

Showing 41 to 50 of 2910 results