May 1, 2025, marked the entry into force of most provisions of Phase I of the new Regulation (EU) 2024/2822, which forms part of the "Designs and Models Package" adopted within the European Union. This text, in addition to...more
5/27/2025
/ Copyright ,
Design Patent ,
EU ,
Innovative Technology ,
Intellectual Property Protection ,
Life Sciences ,
New Legislation ,
Patents ,
Regulatory Reform ,
Regulatory Requirements ,
Trademarks
To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more
5/27/2025
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Fair Use ,
Government Agencies ,
Innovative Technology ,
Intellectual Property Protection ,
Machine Learning ,
New Guidance
IBM UK ("IBM") successfully enforced the terms of a mainframe license against the defendants who had created a competing software product....more
5/13/2025
/ Breach of Contract ,
CDPA ,
Computer-System Design/Software Services ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Enforcement Actions ,
IBM ,
Intellectual Property Protection ,
License Agreements ,
Reverse Engineering ,
Software ,
Software Developers ,
Software Licenses ,
UK
The Court of Justice of the European Union ("CJEU") issued a landmark decision on February 25, 2025, in the case of BSH Hausgeräte GmbH v. Electrolux AB. The ruling extends the jurisdiction of EU courts to adjudicate...more
3/3/2025
/ Copyright ,
Copyright Infringement ,
Corporate Counsel ,
Design Patent ,
Enforcement Actions ,
Injunctions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Trademark Infringement ,
Trademarks
There are numerous actions currently pending in federal courts that involve artificial intelligence ("AI") and copyright law. Among other things, courts must determine if infringement occurs when an AI is trained on...more
2/26/2025
/ Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Research ,
Legal Training ,
Machine Learning ,
Thomson Reuters ,
Westlaw
Artificial intelligence ("AI") raises unique challenges in the context of copyright law. To address and clarify various issues arising at the intersection of AI and copyright, the U.S. Copyright Office ("Office") is in the...more
This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners...more
The European Commission has released a new template for summarizing training data used in general-purpose artificial intelligence ("AI") models, as part of its broader AI regulatory framework....more
The UK Intellectual Property Office ("UKIPO"), in collaboration with the UK Department of Culture, Media and Sport ("DCMS") and the UK Department for Science, Innovation and Technology ("DSIT"), has initiated a Consultation...more
On December 11, 2024, the French High Council for Literary and Artistic Property ("CSPLA") published a report on the implementation of the European regulation on artificial intelligence ("AI"), focusing on the transparency of...more
The Court of Justice of the European Union ("CJEU") recently ruled that design works must be protected by copyright in the EU regardless of their country of origin. This decision rejects the application of the reciprocity...more
The French Supreme Court (Cour de cassation) recently ruled that the principle of exhaustion of rights, which allows consumers to resell physical copies of video games without the consent of the publisher, does not apply to...more
12/6/2024
/ Copyright ,
Court of Justice of the European Union (CJEU) ,
Digital Goods ,
Exhaustion Doctrine ,
France ,
Gaming ,
Intellectual Property Protection ,
Online Gaming ,
Resales Agreements ,
Supreme Court of France ,
Video Games
The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more
In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more
3/28/2024
/ Amazon Marketplace ,
Corporate Counsel ,
E-Commerce ,
EU ,
Geo-Blocking ,
Intellectual Property Protection ,
Internet Retailers ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
UK ,
UK Supreme Court ,
Websites
In Short -
The Background: Patent marking refers to the practice of indicating on a product that its underlying technology is protected through a patent. As an alternative to traditional patent marking, e-marking displays...more
12/1/2023
/ Damages ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Marking ,
Patent Trial and Appeal Board ,
Patents ,
UK
In Short -
The Situation: The Court of Justice of the European Union ("CJEU") recently ruled that operators of online marketplaces may be held directly liable for trademark infringement in a context where third-party...more
In Short -
The Situation: European Union ("EU") trademark law permits the repackaging of pharmaceuticals that are imported or traded in parallel from one Member State to another only in limited circumstances. In view of...more
Background -
On February 14, 2022, the Review Board of the U.S. Copyright Office denied a second request for reconsideration regarding a refusal to register artwork created by AI. Importantly, the application for...more
A trade secret is any information used in one’s business that derives independent economic value from being kept secret. Unlike patents, trade secrets are protected indefinitely for as long as they remain a secret. In the...more
8/19/2021
/ Biden Administration ,
Competition ,
Computer Fraud and Abuse Act (CFAA) ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Executive Orders ,
Intellectual Property Protection ,
Misappropriation ,
Pleading Standards ,
Proprietary Information ,
SCOTUS ,
Trade Secrets ,
Van Buren v United States
The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018.
The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more
7/5/2018
/ Christian Louboutin ,
Color Marks ,
Court of Justice of the European Union (CJEU) ,
EU ,
Fashion Design ,
Intellectual Property Protection ,
Red Sole Shoes ,
Trademark Application ,
Trademark Infringement ,
Trademark Registration ,
Trademarks