I posted a short piece on the trouble brewing within ICANN and the GAC over protection for Geographical Indications in the second level domain of new (and possibly existing) TLDs at http://iplawye.rs/1qXtL29.
Please have a look and let me know what you think of this development. Is France right? Has it the right approach to finding a solution? Will Representative Anna Eshoo’s belated intervention make any difference? (You can follow her at https://twitter.com/RepAnnaEshoo)
I’d love to hear your thoughts in the comments section.
Keyword advertising raises interesting questions beyond the run-of-the-mill trademark infringement and unfair competition issues typically discussed. For instance, if a sponsored ad can be clicked in three separate countries, can the Courts of each of those countries take jurisdiction to hear and determine a dispute? The Court of Justice of the European Union has given a strange answer to this question, which you’ll probably want to know about if you, or your competitors, do any business online. Continue reading »
Further to my copyright post here, I’ve set out below a list of recent trade mark articles and quotes, with links where possible. A list of my recent copyright publications is here, and there’s a full list of all publications here.
- “National Use Neither Proves Nor Precludes Finding of Genuine Use of a Community Trade Mark,” Edwards Wildman Palmer LLP Client Advisory, July 2012.
- “Onel Opinion Sparks Debate On CTM Genuine Use,” quoted, Managing IP, July 2012. Continue reading »
I haven’t been able to write here for some time, but I have been writing elsewhere. Here’s a list of my recent copyright articles, with links. A list of my recent trade mark publications is here, and there’s a full list of all publications here.
Below is a Google translation of the Hamburg District Court’s press release of today, when YouTube was found liable for copyright infringement. I haven’t proof read it yet, so it might not make much sense… Continue reading »
The Second Circuit Court of Appeals has just delivered its Opinion in Viacom v. YouTube, and it has held, unanimously, that YouTube is not entitled to summary judgment on Viacom’s $1bn copyright claim. The decision reverses the Southern District of New York’s finding that YouTube didn’t need to go to trial to determine whether it was entitled to safe-harbor protection under the DMCA.
The decision is below. Commentary will follow in due course.
On Saturday, March 24, 2012, Pinterest emailed users to say it was updating its Terms of Service. Make no mistake – this is a pretty significant re-write, and kudos to Pinterest for making both sets readily available so we can compare and contrast them. The “proposed” terms come into effect on April 6, 2012 and while they attempt to bring clarity, there are areas that will concern Users, particularly if they are artists themselves.