The Summer 2018 Edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, cookie consent, influencer marketing, liability of platform providers, framing and more. The newsletter also includes multiple recommended reads on the GDPR. We hope you enjoy reading it.… Continue Reading
On 7 August 2018, the Court of Justice of the European Union (“CJEU”) has released another judgment (surprisingly its first copyright judgment of 2018) on the interpretation of the right of communication to the public (case no. C-161/17 – “Judgment”). The CJEU held that the unauthorised re-posting of copyright protected works may constitute an act of … Continue Reading
In a judgment of 18 June 2018, case 24 U 146/17, the Berlin Court of Appeals (Kammergericht Berlin – Court of Appeals) held that collecting societies shall grant the right of use of their picture inventory as thumbnails even if these pictures can be ‘framed’ by third parties and the prospective licensee does not commit … Continue Reading
The findings from a recent UK Patents Court judgment have clarified the extent of litigation sanctions imposed when there is a failure to record a patent transaction at the Patent Office. The UK patents system may deprive a successful plaintiff of its entitlement to recover its full legal costs in these circumstances. This case will also affect … Continue Reading
In Thumbnails III, the German Federal Supreme Court (‘BGH’) held that the depiction of so-called thumbnails of pictures available from the internet does not constitute an act of copyright infringement, unless the search engine operator had knowledge of the fact that the copyrighted material had been illegally uploaded. The BGH further stressed that, with regard … Continue Reading
After publication in the Official Journal of the European Union, Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market (‘Regulation’) enters into force 20 July 2017, and will become enforceable 20 March 2018. The Regulation focusses on seamless access … Continue Reading
In a preliminary judgment of 14 June 2017, Case C-610/15, the Court of Justice of the European Union (‘CJEU’) held that the making available and management of a peer-to-peer sharing platform may constitute a copyright infringement. Facts of the case In the underlying main proceedings before the Supreme Court of the Netherlands, Stichting Brein, a Dutch … Continue Reading
It’s not uncommon for internet-based services to utilize names referencing their online presence, much like it is not uncommon for the monikers of app-based services to refer to their mobile format. But at what point does a suggestive term become merely descriptive to the point that it can be denied trademark registration? The United States … Continue Reading
Jason Gordon and Michael Strauss penned an article for Law360 about the top five trends that dominated advertising law in 2016. The article discusses core advertising industry issues such as media transparency, SAG-AFTRA, Federal Trade Commission enforcement efforts, and the gamification of mobile apps. To find out more, click here.… Continue Reading
A DJ asserting trademark infringement and dilution claims against a similarly named rapper failed partly due to a lack of apparent popularity on social media, the U.S. Court of Appeals for the Sixth Circuit ruled on December 13. In Kibler v. Hall, et al., No. 15-2516 (6th Cir. Dec. 13, 2016), the appellate court affirmed … Continue Reading
It can be a violation of the federal Computer Fraud and Abuse Act (“CFAA”) to “access[] a protected computer without authorization.” The CFAA clearly applies when criminals with no connection to a company try to force their way into information systems. But in a recent decision a divided panel of the Ninth Circuit found the CFAA … Continue Reading
Almost three years after its initial proposal, the Trade Secrets Directive has been formally adopted by the European Council and published in the Official Journal on 15 June (2016/943/EU). Member states will have until 9 June 2018 to implement the Directive’s provisions. As we reported last year, the Directive aims to harmonize the divergent body … Continue Reading
In a sign of the continuing significance of the U.S. Supreme Court’s recent ruling in Spokeo v. Robins, 136 S. Ct. 1540 (May 24, 2016), another federal court has cited that ruling in dismissing claims for lack of Article III standing. In Gubula v. Time Warner Cable, Inc., No. 15-cv-1078 (E.D. Wis. June 17, 2016), … Continue Reading
On 2 June, the German Parliament (Deutscher Bundestag) passed a bill (2. Gesetz zur Änderung des Telemediengesetzes – 2nd Amending Law to the Federal Telemedia Act; “New Law”). The New Law limits the scope of potential liability for transmitting information for all professional and non-professional operators of Wi-Fi networks. In particular, operators of Wi-Fi networks … Continue Reading
On 31 May 2016, the German Federal Constitutional Court (Bundesverfassungsgericht – “BVerfG”) issued a judgment in favor of a Hip-Hop artist (“Artist”) who had used a 2-second-sample of Kraftwerk’s song “Metall auf Metall” (the “Judgment”). The BVerfG held that the use of samples for artistic purposes is protected by the artistic freedom and, at the … Continue Reading
Following President Obama’s signing of the federal Defend Trade Secrets Act (“DTSA” or the “Act”) into law last week, parties are beginning to file lawsuits asserting claims under the DTSA. As widely reported, before the DTSA’s enactment, civil trade secret legislation was solely a creature of state law. Consequently, absent another basis for federal jurisdiction, parties … Continue Reading
On 12 May 2016, the German Federal Supreme Court (“FSC”; Bundesgerichtshof – BGH) made several judgments, confirming and developing its settled case law on the liability of a subscriber of an internet connection (“Subscriber”) for copyright infringements made by third persons (see the FSC’s press release of 12 May 2016). The full judgments are not yet … Continue Reading
On 23 March 2016, European Union Trade Mark Regulation (EU) 2015/2424 came into force. The new Regulation amends Community Trade Mark Regulation 207/2009/EC, and makes a number of procedural and substantive changes to EU trade mark law. Most of the new Regulation’s provisions are effective immediately, with the remainder scheduled to come into force in … Continue Reading
The scope of the United States International Trade Commission’s ability to prevent infringement from abroad may have just been significantly reduced. On March 31, 2016, the Federal Circuit Court of Appeals issued an order denying petitions by the International Trade Commission (“ITC”) and Align Technology, Inc. seeking a rehearing en banc of the Federal Circuit’s … Continue Reading
Your business may license many different types of software and technology in the ordinary course. These licenses range from software installed on your internal network to use-rights in software-as-a-services (SaaS) models, where the programs reside on the vendor’s host systems and are accessed via the Internet (or in some other manner). In each case, you are … Continue Reading
A December ruling by the Federal Circuit emphasized the value of commercial speech through trademark registration, and the case may have implications for the Washington Redskins. The NFL team’s Super Bowl dreams may be over, but the intellectual property battle over their name is still alive. In a move that is likely to affect the … Continue Reading
On 15 January 2016, Europe’s new Trade Mark Directive (2015/2436) will come into force, with the aim of harmonising trade mark laws across the EU. The news follows the publication of the new Directive in the Official Journal 23 December 2015. The new Directive replaces the previous Directive (2008/95/EC), with effect from January 2019. Member States … Continue Reading
There isn’t much that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses has emerged as a uniting issue. The Senate voted unanimously December 14 to approve the Consumer Review Freedom Act, which outlaws contract provisions that prohibit or restrict individuals’ ability … Continue Reading
On December 17, 2015, Judge Rodney Gilstrap of the Eastern District of Texas awarded attorneys’ fees under 35 U.S.C. section 285 to defendants in a set of consolidated patent lawsuits initiated by eDekka LLC. 12/17 Order at 1. A prolific patent assertion entity, eDekka filed more than 200 lawsuits in 2014 and 2015 in the Eastern … Continue Reading
