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Transatlantic Antitrust and IPR Developments, Newsletter Issue No. 3/2017 (June 12, 2017)

Contributors: Bart Kolodziejczyk, Catalina Goanta, Gabriele Accardo, Katharina Erler , Maria E. Sturm, Marie-Andrée Weiss,
Martin Miernicki, Nicole Daniel, Nikolaos Theodorakis

Editor-in-chief: Juha Vesala


Contents     

Antitrust

United States

Apple and Qualcomm Proceeding

European Union

Dow/DuPont Merger Cleared by EU Commission

Intellectual property

United States

Samsung Wants New Trial in the Wake of the Recent Supreme Court Decision on Design Patents

Ninth Circuit: Using a Trademark as a Verb Is Not Automatically Generic Use

Athletes’ Right of Publicity Claim Preempted by Copyright Act

European Union

Streaming by Using a Multimedia Player: ECJ Rules in Favor of Copyright Holders

CJEU: EU-Directive 2001/29/EC Does Not Permit National Legislation to Provide a Special Defense to Copyright Infringement for Retransmission of Television Broadcasts via the Internet

Other developments

European Union

Elite Taxi vs UBER – Opinion of the Advocate General on UBER’s Activity in Spain

Big Data: Italian Authorities Launch Inquiries on Competition, Consumer Protection and Data Privacy Issues

United States

Consumers on Fyre: Influencer Marketing and Recent Reactions of the United States Federal Trade Commission

International

China’s New Cybersecurity Law: A Different Type Of Dragon

G20 Policy Developments in 2017

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Transatlantic Antitrust and IPR Developments, Issue No. 2/2017 (March 24, 2017)

Contributors: Bart Kolodziejczyk, Gabriel M. Lentner, Irene Ng (Huang Ying), Maria E. Sturm, Marie-Andrée Weiss, Martin Miernicki, Nikolaos Theodorakis, and Valerio Cosimo Romano

Editor-in-chief: Juha Vesala

 

Contents     

Antitrust

United States

U.S. District Court Dismisses a Sherman Act Class Action Lawsuit Brought by Former and Current Bureau of Prison Inmates for lack of Antitrust Injury

Intellectual property

United States

Is Adidas too Aggressive at Enforcing its Three Stripe Trademarks?

Anti-Harassment Video Turned Appetizers Ad is Not False Endorsement

Canada

Eli Lilly Loses in Chapter 11 NAFTA Arbitration over Drug Patents

European Union

Happy Ending in Sight? New Impulses for the European Unitary Patent

Other developments

European Union

CJEU: Comparative Advertising Lawful Only if it Compares Goods from Stores of Similar Sizes

The UK Issues Guidance on GDPR Consent

E-Privacy –  The European Commission Issues a Proposal for a New Regulation

Do-It-Yourself Synthetic Biology Punishable in Germany

Courts 2.0: An Update on the Growth of Online Courts in the EU

Read More…

Transatlantic Antitrust and IPR Developments Bimonthly Newsletter Issue No. 1/2017 (January 23, 2017)

Contributors: Gabriel M. Lentner, Marie-Andrée Weiss,
Martin Miernicki, Nikolaos Theodorakis,
Valerio Cosimo Romano

Editor-in-chief: Juha Vesala

 


Contents     

Antitrust

United States

Tenth Circuit holds IPRs defense available to rebut a refusal to deal antitrust claim

European Union

European Commission approves the acquisition of LinkedIn by Microsoft, subject to commitments

Intellectual property

European Union

CJEU rules that lending an e-book is legal if the first sale right has been exhausted

After many twists and turns, the CJEU holds that the Rubik’s cube trademark is invalid

Other developments

European Union

The General Data Protection Regulation (GDPR) and the Way Forward

The road to the future of European traffic: European Commission publishes strategy on Cooperative Intelligent Transport Systems

Competence of the EU to conclude Free Trade Agreements: AG’s opinion in Case 2/15 on the EU-Singapore Free Trade Agreement

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Transatlantic Antitrust and IPR Developments, Issue No. 5/2016 (November 16, 2016)

Contributors: Maria E. Sturm, Marie-Andrée Weiss,
Martin Miernicki, Nikolaos Theodorakis,
Valerio Cosimo Romano

Editor-in-chief: Juha Vesala

 


Contents    

Antitrust

United States

Second Circuit reverses a price-fixing cartel verdict against Chinese defendants on international comity grounds

Partial victory for BMI: Federal judge rules against full-work licensing requirement

European Union

European Commission publishes a preliminary report on the e-commerce sector inquiry

Gun-jumping: the French Competition Authority issues highest fine ever for premature engagement in post-M&A integration

European Commission approves a joint venture between the third and fourth largest telecom operators in Italy, subject to structural remedies

Intellectual property

United States

Who’s on Second (Circuit)? Transformative fair use

When is the output of a copyright-protected software program itself protected by copyright?

European Union

The exhaustion rule does not authorize the resale of the back-up copy of a computer program

McFadden vs. Sony Entertainment – ECJ prohibits anonymous open WLANs

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Transatlantic Antitrust and IPR Developments, Issue No. 3-4/2016 (September 19, 2016)

Contributors: Gabriel M. Lentner,
Irene Ng (Huang Ying), Maria E. Sturm, Marie-Andrée Weiss,
Martin Miernicki, Nicole Daniel, Nikolaos Theodorakis,
Valerio Cosimo Romano

Editor-in-chief: Juha Vesala

 


Contents     

Antitrust

United States

ASCAP and BMI consent decrees:  Review ends and struggles begin

Sixth Circuit dismisses a predatory pricing complaint in the solar panel industry

Samsung alleges that Huawei used FRAND promises to monopolize smartphone technology

European Union

The French Competition Authority  holds that the relevant market for retail distribution of electronic product comprises both physical and online stores

The Competition Appeal Tribunal awards competition damages in UK’s first final judgment on a stand-alone action

Impala criticizes EU decision approving Sony deal with the Michael Jackson estate

Intellectual property

United States

My other trademark dilution defense is the First Amendment

European Union

ECJ: Posting a hyperlink to infringing content not a communication to public, unless

Other developments

United States

Is trading Twitter profiles a violation of Alabama Right of Publicity Act?

European Union

European Commission rules against Apple on state aid grounds

New EU-U.S. privacy shield in force

European  Commission considers establishment of a Multilateral Investment Court

Spearheading the incubation of legal technology in the EU: A new role for bar associations?

Read More…

Transatlantic Antitrust and IPR Developments, Issue No. 2/2016 (June 5, 2016)

Contributors:
Gabriele Accardo, Marie-Andrée Weiss,
Martin Miernicki, Nicole Daniel and Nikolaos Theodorakis

Editor-in-chief: Juha Vesala


Contents     

Antitrust

United States

U.S. Supreme Court denies Apple’s request to review an order in the e-books antitrust case

European Union

Google formally investigated on Android operating system and applications

Higher Regional Court of Frankfurt asks EU Court of Justice to rule on restriction of sales on online platforms in selective distribution systems

Italian Competition Authority investigates alleged abuse in the market for professional legal software

Joint report on competition law and Big Data, and the Facebook investigation

UK’s CMA fines fridge suppliers for restricting online discounts

Hellenic Competition Commission launched its largest investigation to date

Intellectual property

United States

We all root for a single conceptual separability test

Re-appropriation, disparagement, and free speech. The Slants, continued

Recent developments in the Apple-Samsung dispute over iPhone patents

Microsoft and Google make up

European Union

EU trademark law reform enters into force

Another opinion on hyperlinks: No copyright infringement, according to Advocate General

Read this before going on holidays in the EU: a panorama of freedom of panorama

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Transatlantic Antitrust and IPR Developments, Issue No. 1/2016 (March 9, 2016)

Contributors:
Gabriel M. Lentner, Gabriele Accardo, Marie-Andrée Weiss,
Martin Miernicki, Nicole Daniel and Nikolaos Theodorakis

Editor-in-chief: Juha Vesala

 

Contents     

Antitrust

United States

U.S. Court of Appeal revives Loestrin suits

European Union

EU Court of Justice rules on restrictions of competition imposed by an online booking system used by travel agents

Google wins fight against Streetmap

Intellectual property

United States

Selfies, species, and public domain

Federal Court finds prohibiting registration of disparaging marks violates First Amendment

Michigan’s public interest privilege trumps Rosa Parks’ right of publicity claim

European Union

Is streaming of copyrighted content from unauthorized sources legal? CJEU asked to rule on the lawfulness of temporary copies made by end users

Adidas & Coca Cola: Two decisions of the EU courts dealing with the Community trade mark

Read More…