Dorsey & Whitney LLP (JD Supra European Union)

In a dramatic and widely reported decision of 12 July 2020 in the case known as Schrems II (Data Protection Commissioner v Facebook Ireland Ltd), the Court of Justice of the European Union (“CJEU”) invalidated the decision of the EU Commission that gave legal effect in the EU to the EU-US Privacy Shield scheme. In other words, personal data transfers from the EU to the US can no longer be...

The priority of any brand owner is to protect their marks in relation to the core activities of the business. Many companies however seek broader trade mark protection for a wide range of ancillary products and services including some that often relate to their business activities only tangentially.

Earlier this week, the Court of Justice of the European Union, perhaps for the first time, drew a territorial limitation to the requirements imposed under the General Data Protection Regulation (‘GDPR’). The court held that an individual’s exercise of their “right to be forgotten” in relation to certain materials available online, which obliges Google’s search engine to remove search results to...

The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts (one Austrian and one German) are pending before the Court of Justice, both concerning infringing videos posted on YouTube and both raising a similar set of questions.

Can a licensee sue for trademark infringement under Section 43(a) of the Lanham Act? On April 1, 2019, the Eleventh Circuit issued its decision in Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc. et al., and held that the answer to this question depends on the language of the licensing agreement.

For our U.S. readers with Thanksgiving and food still on their minds, the TMCA thought it would be timely to comment on recent news from Europe about cheese. The Court of Justice of the European Union (“ECJ”) held that there was no copyright in the taste of cheese, and the first question that popped into mind was “did the journalists get it wrong again?”

The EU General Data Protection Regulation (GDPR), which is billed as the most important development in data privacy regulation in at least 20 years, arrived with a bang in May of this year and companies have been scrambling to implement compliance measures that will avoid its stiff penalties. Companies are still struggling to understand the GDPR’s implications and all of the ways it might affect...

On 12 September 2018, the EU Parliament adopted a revised draft of the directive on Copyright in the Digital Market. The proposed legislation includes some significant changes to the copyright regime and a couple of surprise additions introduced in the last minute by the EU Parliament.

In what could be a harbinger of things to come for business models negatively impacted by the throttling of data flow under the European Union’s General Data Protection Regulation (“GDPR”), Nielsen Holdings (“Nielsen”) was named in a putative class action complaint on August 22, 2018, for allegedly misrepresenting the anticipated effects of GDPR on Nielsen’s business model. Importantly, the class

Many IP owners wonder what they need to do to ensure the continued protection of their EU trade marks and Community Registered Designs after Brexit. Some attorneys, since the referendum, encouraged clients to file in the UK to secure those rights.

The organization tasked with managing the Internet’s domain names is struggling to come to terms with Europe’s new data privacy law. On June 18, 2018, the Internet Corporation for Assigned Names and Numbers (“ICANN”) published for discussion the draft Framework Elements for a Unified Access Model for Continued Access to Full WHOIS Data.

Social media is an important marketing channel for many organisations. It is also a convenient way by which marketers can learn about customers, through data collected when they use social media channels.

On 21 June 2018, the legal affairs committee of the EU Parliament approved the much debated Copyright In the Digital Single Market Directive. It is a short step now before the Parliament itself approves the directive, which will then need to be implemented into the domestic laws of EU member states.

A proposal for new e-Privacy legislation by the European Union may have a significant impact on businesses that wish to rely on use-generated data such as meta-data collected from users of mobile devices. Mobile applications and other software often collect users’ meta-data from phones and other mobile devices (as well as from desktop computers) to analyse the data and make it available to...

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that would repeal and replace the existing ePrivacy Directive (2002/58/EC) (“ePrivacy Directive”).

On 10 January 2017, the European Commission announced its proposal for new legislation which would update the law relating to privacy in electronic communications. The Commission has proposed a draft ePrivacy regulation that would repeal and replace the existing ePrivacy Directive (2002/58/EC) (“ePrivacy Directive”).

In a decision published on 21 December 2016, the Court of Justice of the European Union (“ECJ”) invalidated legislation in two EU member states – the UK and Sweden – requiring telecommunication operators to retain users’ traffic and location data for 12 months and giving access to that data to intelligence, security and criminal investigation authorities. The ECJ criticised the UK and Swedish...

The Preparatory Committee charged with the implementation of the Unified Patent Court (“UPC”) announced on 16 January 2017 that it anticipates that the UPC agreement would come into force in December 2017, at which point it is assumed the court will open for business. The announcement coincides with a speech by Theresa May, the British Prime Minister, signaling that the UK will not seek to...

A recent decision of the Court of Justice of the European Union (“ECJ”) imposes restrictions on the use by member states’ law enforcement and national security agencies of telecommunication traffic and location records as tools of investigation and crime prevention. On 21 December 2016, the court’s Grand Chamber (consisting of all its 15 judges) ruled that national legislation in the UK and...

A trademark registration for the shape of a product (usually in the form of a drawing or 3D illustration) can be useful, particularly where the product is recognised predominantly by its distinctive visual appearance. However, if that shape or appearance is also essential for achieving a practical function, the exclusivity secured by the registration could impede competition in the product market.

In a landmark decision that departs from previous case law, the Court of Justice of the EU, the highest court of the EU, held that a website operator that posts hyperlinks to another site that contains copyright materials posted without the right holder’s consent could itself be liable for copyright infringement.

In April 2016, the European Union adopted new legislation on data protection. The part relevant to private enterprises (EU Regulation 2016/679) is known as the General Data Protection Regulation or “GDPR.” The GDPR is subject to a two year grace period and will apply from 25 May 2018.

Following the formal approval of the EU-U.S. Privacy Shield by the European Commission on 8 July 2016, the arrangement will come into force in the U.S. commencing 1 August 2016 and will provide a convenient framework to allow U.S.-based companies to store, process and access personal data originating from the EU in the U.S. and using servers and staff located in the U.S..

In two independent and much-anticipated events, separate EU entities took actions which will continue to complicate the ability of US companies to do business in Europe. Privacy Shield Provisions Found Lacking by Working Group 29 - First, the EU’s Working Group 29 rejected as inadequate the new Privacy Shield that had been negotiated between the officials of the European Commission and

As seems to be in vogue recently (see explanation of significant change to Canada’s trade mark law here) the European Union adopted legislation to overhaul its trade mark law. The reforms are numerous and amendments to the regulations will come into force on 23 March 2016 (an updated trade marks directive, the harmonizing measure applicable to national trade mark systems of EU member states,

The European Union recently adopted new legislation introducing miscellaneous reforms to EU trade mark law. The reforms are numerous and include the adoption of a new designation for the Community trade mark itself and a new name for the trade mark registry office (currently, OHIM). More substantive issues include a new definition of what signs qualify as trade marks, new rules on how to...

On 26 November 2015, the Court of Justice of the European Union (CJEU) handed down its judgment in Case C-345/14 Maxima Latvija on the application of competition law to a non-compete clause in a commercial property lease. The CJEU had assessed contractual clauses in commercial leases that enabled a Latvian food retail chain to oppose shopping centres’ tenancy agreements with competing retailers.

On November 6, 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from European Union countries to the U.S. The communication follows on the decision of the Court of Justice of the EU (“CJEU”) of October 6, 2015, reported here, in which the...

On 6 November 2015, The EU Commission published a communication addressed to the European Parliament and the EU Council, in an attempt to reduce current legal uncertainties surrounding the transfer of personal data from European Union countries to the U.S. The communication follows on the decision of the Court of Justice of the EU (“CJEU”) of 6 October 2015, reported here, in which the Court

The Court of Justice of the European Union (“CJEU”) held yesterday, in its decision in Schrems v. Data Protection Commissioner, that the decision of the European Commission of July 2000 which provides the legal basis under EU law for the “Safe Harbor” scheme is invalid. Further, the CJEU held that the Irish Data Protection Commissioner, before whom the case was originally brought, must...