Law and Innovation

Mauvaise nouvelle pour les utilisateurs du site « The Pirate Bay ». L’Avocat Général (« AG ») SZPUNAR vient pratiquement d’annoncer son naufrage ! Dans son avis du 08 février 2017, il a conclu d’une part que « The Pirate Bay » (« TPB ») communique des œuvres au public et d’autre part que les fournisseurs d'accès à Internet (« FAI ») peuvent bloquer l’accès au site TPB vu son rôle « crucial » dans le partage de ces fichiers illicites. The Pirate Bay sème la terreur depuis 2003… On connait tous sa légende. C’est Le plus grand serveur torrent du web. Il bombarde les ayants-droits depuis presque 15 ans. Il ne laisse jamais de survivant ; ou très rarement. C’est l’intermédiaire qui permet aux utilisateurs de partager les contenus (illégaux) en peer-to-peer . En effet, 90 à 95 % des fichiers partagés sur le réseau du TPB contiennent des œuvres protégées et distribuées sans le consentement des ayants droit. D...

It is not just a watch. It is a masterpiece of intellectual property (IP) rights. It is not just a revolutionary product. It is the next chapter in Apple Inc.’s story. Apple believes in technology designed for the wrist (such as a smartwatch), but also in a strong design patent protection strategy. To protect this wearable, as a result of their investment, Apple applied for and received several design patents. Every detail is protected: the drawer where the watches are shown, the bracelet, the “slide-in” interchangeable strap system mechanism, the digital crown, the display, the charger, the retail box, etc. Future innovations will however continue to copy this kind of consumer products and challenge the Courts. In this context, developing and/or acquiring intellectual property rights may create a solid foundation for growth and success. Indeed, a winning exploitation of IP assets, including but not limited to know-how, patents, trademarks, aligned with your passion for innovati...

For more than one hundred years, generations of FC Barcelona fans have witnessed amazing players wearing the famous Blaugrana shirt with garnet and blue vertical stripes. Adidas’s three-stripe mark is also particularly well-known among professional soccer players, fans, and consumers of soccer apparell. Over the years, the German company made headlines for filing a number of lawsuits in connection with its famous trademark; and this time, it’s against Futbol Club Barcelona! What’s the case all about? It’s not a secret, with football kit partnerships large sums of money are involved. On October 30, 2016, FC Barcelona ratified the record-breaking 10-year Nike kit deal, which is worth up to 155 million Euro annually from 2018. And guess what, the day after (on October 31) Adidas filed its opposition with the U.S. Patent and Trademark Office (“USPTO”). Coincidences of life or difference of opinion? Let’s take a closer look… Adidas has been for years (and still is) one ...

It's a good time to be a Star Wars fan! Not only the first new epic Lucasfilm 's spinoff Star Wars soon arrives in theaters (“Rogue One: A Star Wars Story”) but a new case involving Lucasfilm’s trademarks has been filed in California. The production company filed this action to protect against infringement of their intellectual property (IP) rights, including but not limited to their ownership of “Star Wars”, “Jedi”, “Lightsaber” trademarks, and the logo of the Jedi Order. Nearly 38 years after the original Star Wars movie hit the big screen, fans are still trying to use and feel the Force. Without success. In the meantime, Lucasfilm (owned by Disney) is engaged in the successful business of merchandising and licensing of distinctive characters and elements associated with their movies, and of course the protection of their IP rights. What’s the case all about? As you know, Lucasfilm owns several U.S trademarks, trade names, registrations, that incorporate and/or...

Fresh and interesting article posted on TechCrunch about how Twitter's stock has been under pressure for months, as the company struggles to boost user growth and the potential sale. Happy reading! "Twitter continues to inch its way to a sale process, and the latest developments come in the form of alleged bids from potential buyers. Today CNBC is  reporting , and we have also independently heard, that both  Google  and  Salesforce  are interested in buying the company. We have additionally heard that  Microsoft  and  Verizon  have also been knocking, although  right now  Verizon (which also owns AOL, which owns us), may have a little  too much  on its plate. Twitter currently has a  market cap of $13.3 billion , and it opened for trading today with a jump of nearly 22%, in response to all these whispers. Google, Microsoft and Verizon have been reported as potential suitors in the...

Let's celebrate! The Belgian Red Devils advance to Euro 2016 quarterfinals . Companies, marketers, and non-sponsors brands are now preparing for the next exciting in-house event, contest, etc. using the logos, mascots, signs, of the UEFA. But be aware of the limit of your rights to avoid a red card. It’s important to understand the rules of the game; no one needs the costs of a lawsuit for going offside. What are the risks? UEFA holds several registered figurative and word trademarks relating to this football tournament. These trademarks are protected at the European level offering the UEFA an unified system of protection throughout the 28 Member states. These trademarks are simultaneously protected in a very large number of other worldwide jurisdictions through the Madrid System. Among others: The word trademarks: UEFA EURO 2016 , EURO 2016 , UEFA , UEFA EUROPEAN FOOTBALL CHAMPIONSHIP ; The figurative trademarks: UEFA EURO 2016 FRANCE , the bid process logo, EURO 2...

This article originally appeared on  IP Flow  at  http://mimesislaw.com/category/ipflow   The European Commission (EC) antitrust team and Google are continually at loggerheads. The latest: a   formal antitrust complaint   over Android and another separate complaint on prioritization of shopping search results. This investigation is the second major case between the two frenemies.     What’s going on ? The EC is claiming that Google has abused its dominant position by imposing restrictions on Android device manufacturers and mobile operators and by promoting its services and apps. To be in a dominant position in Europe is not in itself illegal, but the company has a special responsibility to ensure that its conduct does not distort competition ( Article 102 TFEU ). What kind of business practices the EC is objecting to ? As explained in the  complaint , Google breaches EU antitrust rules by: “Requiring manufacturers to pre-install...