On May 25, 2018, the European General Data Protection Regulation (“GDPR”)
went into effect. Although the GDPR has
many provisions that will impact the way all companies operate online and how
they protect the personal information of their customers and employees, the
GDPR will also have a significant impact on the information available online to
the general public about domain name registrants. More
European Union: Expansion of Exhaustion of Trademark Rights Principle
Schweppes v. Red Paralela and Others (case C-291/16, December 20, 2017)
Ownership Background
Prior to 1999, all the SCHWEPPES trademarks (“SCHWEPPES Marks”) registered
in the European Economic Area (“EEA”), including in the UK, were owned by
Cadbury Schweppes. More
European Union: Brexit Withdrawal Agreement Provides (Some) Clarity for Brand Owners
A draft agreement on the
withdrawal of the UK from the EU, announced in March 2018, states that until
the end of the transition period on December 31, 2020, there will be no
difference in the protection and enforcement in the UK of EU trademarks that
are registered on or before that date. More
China: Victoria’s Secret Could Not Show Identical Third-Party Applications Filed in Bad Faith
Victoria’s Secret Stores Brand Management Inc. V. Hui-Chuan Chiang, Beijing High Court (November 13, 2017)
While the Chinese
government has been updating its intellectual property laws to target bad-faith
trademark filings, in a recent matter before the Beijing High Court,More
Afghanistan: Accession to Madrid Protocol
Afghanistan acceded to
the Madrid Protocol on March 26, 2018.
The Protocol will enter into force with respect to Afghanistan on June
26, 2018. Afghanistan will be the 101st
member of the Madrid System. See more at
www.wipo.int.More
United States District Court For The State Of Arizona: Design Patent Lessons from the $2B Lawsuit Against Tesla Truck Designs
Nikola Corp. v. Tesla Inc. 2:18-cv-01344-GMS (D. Ariz. filed May 1, 2018)
The recently filed lawsuit by Nikola Corp. against
Tesla, Inc. over semi-truck designs illustrates various enforcement issues
regarding design patents, and also provides insights into how multiple design
patents can be used to proceed against a single infringing design by claiming
sub-elements.More
Fourth Circuit Court of Appeals: Foreign Owner Without Use or Registration in United States May Bring Unfair Competition, False Advertising, and Cancellation Actions
Second Circuit Court of Appeals: Copyright Fair Use – “Transformative” Revisited: Has The Second Circuit Gone Too Far?
Fox News Network, LLC v. TVEyes, Inc., 883 F.3d 169 (2d Cir. 2018)
In the United States, federal Courts of Appeals’ decisions are rendered by three judge panels unless a panel decision is reviewed and decided en banc,More
WIPO: Eleventh Edition of Nice Classification
India: Supreme Court Applies Territoriality Principle and Eviscerates Toyota’s Prius Victory
Toyota Jidosha Kabushiki Kaisha v. M/S Prius Auto Industries Ltd. & Ors, CS (OS) No. 2490 of 2009, Civil Appeal Nos. 5375-5377 of 2017
In a major upset to Toyota Jidosha Kabushiki Kaisha (“Toyota”), the Supreme Court of Delhi has tightened the standard for enforcing a reputed mark in India,More