Member Articles

The Nils Svensson v Retriever Sverige AB decision addresses fundamental questions of copyright and Internet use.  In essence, the case addresses the question of whether hyperlinking to freely accessible content requires authorization.  The original plaintiffs of the Svensson case were Swedish journalists who wrote press articles that were published in the Goteborge-Posten newspaper and on its website, where they were freely accessible ...

Trusts and Private Foundations often serve the same purposes. One transfers goods (money, real estate, shares, etc.) to an Private Foundation or trustee to be managed for the benefit of one or more others. Those “others” can be the ones who have transferred the goods to the trustee or the Private Foundation, but not necessarily so ...

Summary On 29 January 2020 the Court of Justice of the European Union (CJEU) gave its ruling in the long-awaited case C-371/18 Sky v SkyKick. The judgment provides for two key findings. First, it confirms that a trademark cannot be declared invalid on the grounds that the terms used to designate the goods/services lack clarity and precision ...

Traditionally, the estate administrator’s main duty has been to liquidate the machinery of the estate as quickly as possible. But there are alternative possibilities. Instead of seeing the bankruptcy estate as a pile of assets left behind by a company that has gone through financial hardship, smart thinking says you should see this as an opportunity to start a new business. At its best, bankruptcy means a fresh start for a successor company without burdens of the bankrupt one ...

A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union.   Is broader protection better?   A Community trade mark (CTM) confers protection in all 27 EU member states ...

A recent ruling by the Court of Justice of the European Union (CJEU) could mean trouble for many Community trade marks. There is now a heightened risk that national courts will invalidate these trade marks if they have not been used extensively enough in the European Union. Is broader protection better?A Community trade mark (CTM) confers protection in all 27 EU member states ...