EU: What IP Practitioners Should Know About GDPR And Personal Data Protection In Europe

In the European Union (“EU”), “everyone has the right to the protection of personal data concerning him or her” under the Charter of Fundamental Rights. Intellectual property is also protected as a fundamental right under the Charter, as is freedom of speech. These rights can sometimes conflict. In two previous posts on cases about linking to Playboy pictures and the inspiration for Jeff Koons’ sculptures, we discussed how freedom of expression has been used as a defense […]

By | July 15th, 2017 ||

UK: Elvis V Brewdog -Trade Mark Battle Round 2

Brewdog are likely to be raising a Brewdog Elvis Juice filled pint glass to the Appeal Officer who decided that they could register a trade mark for Brewdog Elvis Juice. So Elvis or at least Brewdog Elvis is back in the building – or a Brewdog craft beer pub near you!

In my blog last year I predicted that the initial decision refusing to register Elvis Juice and Brewdog Elvis Juice as trade marks would be appealed. It was […]

By | July 10th, 2017 ||

USA: When Patent Royalties Are Not Capital Gains

The US Court of Appeals for the Ninth Circuit held that patent royalties were not capital gains for tax purposes when the patentee retained effective control over the corporate recipient of the patents, since the patentee could retrieve the patent rights and had therefore not transferred “all substantial rights” to the patents. Cooper v. Commissioner of Internal Revenue, Case No. 15-70863 (9th Cir., Dec. 15, 2017) (Graber, J) (Kleinfeld, J, dissenting in part).

James Cooper is […]

By | July 1st, 2017 ||