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.
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.
As any celebrity – and certain governments and law firms – will tell you, there are risks as well as benefits in being connected to publicly accessible networks. Individuals and collectives such as Wikileaks, Anonymous and LulzSec have embarrassed the US government, the law firm ACS:Law, and now Scarlett Johannson and Jessica Alba by exposing their private, err, “data” online for public consumption.
This is not a new phenomenon, but still far few of us take data theft and cyber (or “digital”, if the word “cyber” scares you) threats seriously. Perhaps it’s because we don’t really understand them. Hacks happen for different reasons – which is perhaps the best insight into how to prevent them in the first place – different targets experience different damages, and different victims have different tools at their disposal to try to fix what has gone wrong. For example, secretions of government data are often carried out in the name (or at least under the pretense) of civil rights and accountability; disclosures of usernames and passwords, credit card details, and private photos, on the other hand, are often carried out opportunistically to humble a giant or for no more than purient voyeurism.
Despite a flurry of comments about epic (even intergalactic) battles between good and evil, Lucasfilm’s copyright appeal against prop designer Andrew Ainsworth has been heard by the UK Supreme Court with very little media coverage. So, in case you missed it, here’s the scoop. Continue reading »