We had been following on this blog the heated debates around the proposed EU Copyright Directive. These debates now belong to history since on March 27, 2019, the European parliament adopted the Directive with 348 votes against 274 and 36 abstentions. The two most controversial provisions are Article 15 (previously 11) and Article 17 (previously 13). Article 15: Creation of a New IP Right for Publishers of Press Publications Article 15 addresses the issue of…
Intellectual property licenses can be important in various situations ranging from large scale strategic transactions and IP litigation to day-to-day lower profile transactions. Even the latter can have far-reaching impact on a company’s proprietary assets, particularly if certain IP-related concerns are overlooked. Foley Hoag presents a webinar covering a range of traps and tips related to IP licenses, including: Identifying less obvious IP licenses in commercial agreements Addressing ownership and rights to IP or technology…
It’s been rough weather for Google in France. Three weeks after the French ‎Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande Instance”) invalidated 38 clauses of Google’s Privacy Policy and Terms of Use for Google+, the Internet-based social media network owned and operated by Google. This decision was rendered on February 12, 2019 in an action that was initiated against Google…
On March 4, 2019, the United States Supreme Court held that, with certain exceptions, a copyright owner must obtain a copyright registration certificate from the Copyright Office  before filing a copyright infringement suit. The unanimous opinion in Fourth Estate Public Benefit Corp. v. Wall-Street.Com, LLC, authored by Justice Ruth Bader Ginsburg, affirmed the Eleventh Circuit and resolved a split among the circuit courts of appeal. It also has big implications for copyright owners. The…
On January 11, 2019, the Cancellation Division of the European Union Intellectual Property Office (“EUIPO”) rendered a surprising decision that revoked in its entirety the McDonald’s Company’s BIG MAC trademark registration, which had been registered in the EU since December 1998. This is the latest chapter in a fight between McDonald’s and Supermac’s, a competing chain that operates fast-food restaurants in both parts of Ireland. The fight started in 2014, when Supermac’s wanted to expand…