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.