Posts Tagged ‘Europe’


Jurisdiction in Keyword Advertising Disputes After Wintersteiger

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 [...]

UsedSoft v. Oracle article published by Society for Computers and Law

I’m really pleased to have had my review of the Court of Justice’s seminal UsedSoft v. Oracle decision published by the prestigious Society for Computers and Law.  Click the image to go there.

Some recent trade mark articles

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 [...]

Some recent copyright articles

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. “EU Court Ruling Chips Away At Software Copyrights,” quoted, Law [...]

Bing's beta Ad layout

New Microsoft ad strategy more aggressive than Google’s?

Microsoft has recently tested a new system of advertising whereby ads are not placed on top of the organic search results, nor to the side, nor on a colored background, but actually within the list of organic results.  Is this a smart move?  Will Microsoft find itself on the end of a (meritorious) lawsuit for [...]

Google AdWords logo

Google AdWords Takes A Hit: E-Commerce Safe Harbour MIA

While the Wall Street Journal (initially, at any rate) declared outright victory for Google’s AdWords service after the Court of Justice of the European Union (“ECJ” or “CJEU”) ruled that the sale of keywords to advertisers did not constitute “use” of those keywords within the meaning of the Trade Marks Directive (89/104/EEC), most of us [...]


Simply opening a webpage on a computer can infringe copyright, according to The Newspaper Licensing Agency Ltd & Ors v. Meltwater Holding BV & Ors [2010] EWHC 3099 (Ch). If followed, Proudman J’s ruling could have a radical impact on free social media services, such as Twitter, LinkedIn and Facebook, as well as free monitoring services [...]

Czech, mate.

Ever thought of applying for an intellectual property right via a Czech agency? Probably not, if you’re reading this, but in case you do then you might want to read the IPKat’s comments on WIPD, an organization whose name and logo closely resemble those of WIPO, which in addition to being a well respected organization [...]

Pan-European injunctions? Sure, sometimes.

The IPKat reports today that Advocate General Cruz Villalón has released his Opinion in Case C-235/09 DHL Express (France) SAS v Chronopost SA. The reference to the ECJ asks whether a prohibition issued by a Community trade mark court of a Member State has effect throughout the entire European Community or whether it becomes impotent [...]

You’re not using it right!

A dispute has been brewing for a few months now over the issue of “genuine use” of a European Community Trade Mark (“CTM”) for the purposes of opposing a CTM application.  The Beneleux Office for Intellectual Property ruled in OMEL/ONEL that use of a CTM in only one EC member state was not “genuine use” [...]