Germany is one of the most important patent litigation jurisdictions in Europe, making developments in its patent law very important to globally operating companies. In recent years, the number of cases regarding claims for the transfer of patents has risen steadily in Germany. If an application is filed by someone who is not entitled to
Intellectual Property
Germany finally implements the Trade Secrets Directive!
By Anette Gaertner on
With Germany finally implementing the Trade Secrets Directive into their national law, know-how theft cases are becoming more frequent. Whilst questions have been raised around adequate protection for whistle blowers and journalists, many see the new laws as a positive move towards better know-how protection in Germany.
For more information, and to read Frankfurt IP…
Trade secret litigation – is Germany next?
By Anette Gaertner on
In anticipation of the implementation of the Trade Secrets Directive, the topic of know-how protection has been widely discussed. Dr Anette Gärtner, along with Sabrina Gossler, has written an article which explores the current legal situation in Germany, analyses the relevant provisions of the Directive and explains the immediate next steps for companies operating in…
Weak Social Media Presence Sinks Trademark Claims, Says Sixth Circuit
By Brian J. Willett on
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 summary judgment granted below for Hall, a rapper performing as “Logic” in a suit brought by Kibler, who performs as “DJ Logic.” While the Sixth Circuit agreed with the district court’s rejection of DJ Logic’s claims, it called the district court’s analysis “incomplete and at times flawed,” and pointed out the importance of social media engagements in determining trademark strength.
In 2012, an attorney for DJ Logic, who has been using the moniker since 1999, sent an email to the management company and booking agent of Hall, who has been performing as Logic since 2009, ordering them to stop using the name Logic. The email did not prove persuasive and DJ Logic sued in 2014, asserting claims of trademark infringement and trademark dilution under the Lanham Act, as well as two claims under Michigan law. The district court granted summary judgment in November 2015, dismissing all of DJ Logic’s claims.
Continue Reading Weak Social Media Presence Sinks Trademark Claims, Says Sixth Circuit
Trade Secrets Directive Adopted by the European Council
By Cynthia O’Donoghue & Philip Thomas on
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…
Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data
By Matthew J. Shiels on
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 November 10, 2015, opinion in ClearCorrect v. Intl Trade Commn, 810 F.3d 1283 (Fed. Cir. 2015), which had held that the ITC’s jurisdiction under 19 U.S.C. section 1337 extended only to “material things,” and did not cover the electronic transmission of digital data. (For further discussion of the November 10 ClearCorrect Opinion, see my previous post here, and Lisa Baird’s post in Reed Smith’s Life Sciences Legal Update here). The Order was nearly unanimous, with only Judge Pauline Newman filing a lengthy dissent. With a rehearing and potential reversal by the full Federal Circuit bench now officially off the table, only a reversal by the Supreme Court or an Act of Congress can bring digital transmissions within the ITC’s jurisdiction. And a petition to the Supreme Court may be forthcoming. Shortly after the Order was issued, Align Technology released a statement to its investors, indicating that Align was “conferring with the Commission regarding appropriate next steps, including the possibility of seeking review from the Supreme Court.”
Continue Reading Update: Federal Circuit Declines to Reconsider ITC Jurisdiction over Electronic Transmissions of Digital Data