Publications

Customers Can Resell Copies of Downloaded Software; Developers Can Try To Stop Them. July 2012
Well-received review of the CJEU’s highly significant ruling that software downloaded from the Internet can be re-sold without the developers permission. (Client Advisory)
EU, copyright, software, Internet

Wintersteiger Puts Internet (Forum) Shopping On Ice. June 2012
Explanation and criticism of new European rules governing where e-commerce law suits may, and may not, be filed. (Bloomberg BNA Patent, Trademark and Copyright Journal)
EU, trademarks, keywords, AdWords, Internet, e-commerce, jurisdiction

SAS Disarmed by Uncertain EU Ruling in SAS Institute Inc v. World Programming Ltd. May 2012
Review of precedential decision on whether software can be protected by copyright. This piece appeared as a Client Advisory and was reproduced in the legal journal IT Law Today, Vol. 20, No. 6, June 2012. It was also extensively cited by the Society for Computers and Law’s “Expert Comment” feature. (Client Advisory and IT Law Today, Vol. 20, No. 6, June 2012)
EU, copyright, software

The Advocate General considers the principle of exhaustion of rights in downloaded software. April 2012
Review of recent caselaw indicating that the re-sale of downloads is permissible. This piece appeared as a Client Advisory, was summarised on the Digilaw Blog (under the title “Downloads can be “re-sold”; but buyers are not “lawful acquirers”“) and was reproduced in the legal journal IT Law Today, Vol. 20, No. 6, June 2012 (Client Advisory and IT Law Today, Vol. 20, No. 6, June 2012)
EU, copyright, software, Internet

Into the tangled web. April 2012
Brief co-authored Opinion for The Lawyer on some of the issues facing Pinterest and other online business models. (The Lawyer)
US, EU, copyright, safe harbors, safe harbours

Viacom v. YouTube: Second Circuit Plumbs the Depths of the DMCA Safe Harbor. Winter 2011
Review of the oral arguments in Viacom’s appeal against the Southern District of New York’s summary judgment in favor of YouTube. (Bright Ideas, a Journal of the New York State Bar Association)

Originally published in Vol. 20, No. 3 of Bright Ideas (Winter 2011), a publication of the Intellectual Property Law Section of the New York State Bar Association.

US, EU, copyright, safe harbors, safe harbours

Key Distinctions in the European Approach to Online Jurisdiction and Trademark Disputes. Fall 2010
In-depth study of the most recent US and EU cases to discuss: whether a Court can properly assume personal jurisdiction on the basis of a website’s functionality within a particular territory; how different Courts interpret similar language governing trademark disputes; and the proper approach to safe-harbor exemptions from liability. The article identifies the implications of these decisions for international, and particularly online, trade. (Bright Ideas, a Journal of the New York State Bar Association)

Originally published in Vol. 19, No. 2 of Bright Ideas (Fall 2010), a publication of the Intellectual Property Law Section of the New York State Bar Association.

US, EU, trade marks, trademarks, jurisdiction, safe harbors

General Court lays down a marker in trademark and design dispute. 25 May, 2010
Analysis of the relationship between registered Community designs and earlier registered trademarks, as well as aspects of the European General Court’s jurisdiction. (World Trademark Review)
EU, trade marks, trademarks, designs, jurisdiction

Talking Point: Google keywords. 4 May, 2010
Featured in an Editorial discussing the impact of the decision of Europe’s highest Court on the legality of Google’s AdWords program. (World Trademark Review)
Google, trademarks, trade marks, AdWords, AdSense, EU, ECJ, CJEU

Can you keep a secret? 1 March, 2010
ICC calls for overhaul of client privilege regime in intellectual property to overcome issues raised by international disputes. (IP/IT Newsletter)
Attorney client privilege, litigation, legal advice, treaty

Not so long ago, in a courtroom not so far away… 1 March, 2010
My take on the Star Wars Stormtrooper Litigation.  This case initially involved questions of US copyright law (decided in California) and subsequently became three separate causes of action in England and Wales. Lucasfilm asked the UK courts to enforce the California default judgment, find Defendant Andrew Ainsworth liable for infringement of US copyright and/or find him liable for UK copyright. Lucasfilm lost on all three counts in the Court of Appeal.  An appeal to the Supreme Court is pending. (IP/IT Newsletter)
copyright, designs, UK, USA, California, jurisdiction, enforcement, appeals

Advocate General deconstructs Lego’s appeal. 4 February, 2010
A review of Advocate General Mengozzi’s Opinion on whether Lego bricks are excluded from registration as European Community Trademarks. (World Trademark Review)
ECJ, CJEU, designs, trademarks, trade marks, patents, Lego

Rome II: Impact on the governing law of Intellectual Property Claims. 22 January, 2009
Co-Author on discussion of European Regulation on the Law Applicable to Non-Contractual Obligations. (Litigation Briefing)
choice of law, jurisdiction, Europe, Rome

Are Ryanair’s no-fly zones scraping the barrel? 3 November, 2008
Discussion of the grounds upon which one of Europe’s largest budget airlines canceled all tickets purchased via “screen-scraping” websites. (IP/IT Newsletter)
screen scraping, contract, copyright, airlines

Overview of Online Service Providers’ Liability for User-Generated Content. 1 October, 2008
Overview of the potential IP and Data Protection liabilities of telecommunication and Internet service providers and available defenses. (Communications Briefing)
Internet, online service providers, telecommunications, telecomms, defences, defenses, safe harbour, harbor, exemptions

Nominet Dispute Resolution Service Policy and Procedure Amended. 16 September, 2008
Discussion of the changes made by the .uk domain name registry to its ADR Policy and Procedure. (World Trademark Review)
Nominet, .uk, UDRP, domain names, ADR, dispute resolution

Getting Connected: A City View. 14 June, 2007
Review of new technology and the use of open source software for professional purposes. (Law Society Gazette)
technology, city, law society, open source software, OSS

IP Criminal Enforcement Directive moves to next step. 30 May, 2007
Summary of pan-European criminal law measures proposed to combat IP infringements.  (World Trademark Review)
criminal, enforcement, EU, counterfeits, penalties

Trademarks Act clarification issued by High Court. 9 March, 2007
Case review concerning similarity of different specifications of goods and services; acquiescence. (World Trademark Review)
trademarks, trade marks, High Court, UK, specifications, acquiescence