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Venable LLP

Federal Courts Split on ‘Server Test’ in Copyright Infringement Cases Involving Embedded Images

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Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more

Jenner & Block

Ninth Circuit Limits Jurisdiction Over Web-Based Platforms

Jenner & Block on

In a recent decision, Briskin v. Shopify, Inc., 2023 WL 8225346 (9th Cir. Nov. 28, 2023), the Ninth Circuit held that a Canadian-based company, Shopify, which provides a web-based payment processing platform to merchants...more

Hogan Lovells

EU IP rights enforcement: yet another jurisdiction conundrum heading to Luxembourg

Hogan Lovells on

The CJEU has just been posed the following questions on the interpretation of Article 97(5) of the EU Trade Mark Regulation ((EC) No. 207/2009) by the English Court of Appeal....more

Morrison & Foerster LLP

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

McDermott Will & Emery

Website Activity Alone Sufficient to Confer Personal Jurisdiction Over Non-Resident Website Operator - Louis Vuitton Malletier,...

Addressing whether a lower court had personal jurisdiction over a defendant found to have defaulted, the U.S. Court of Appeals for the Eleventh Circuit affirmed the lower court’s denial of defendant’s motion to vacate default...more

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