Tagged CJEU

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New trade mark law opinion bad news for Louboutin’s red soles?

How does Advocate General Szpunar’s opinion affect fashion’s most famous sole trader? Louboutin’s red lacquered soled shoes are famous internationally and are instantly recognisable by fashionistas worldwide. Mr Louboutin has spent decades trying to protect his distinctive branding and stop copycats from applying a red finish to the soles of…

Data Protection: Establishing the establishment

In a case concerning Amazon, the CJEU confirms that there is a low threshold to find an “establishment” in a member state, so that national data protection laws apply. The Court of Justice of the European Union (CJEU) has reaffirmed its previous decisions on the meaning of “establishment” in the…

Pin-up Pirates

A CJEU case involving leaked Playboy photos may confirm that hyperlinks to third party sites will rarely violate copyright, even where the link is to infringing content. Hyperlinking, providing a clickable link directing a user to another website, is one of the basic tools of online communication.  Almost every webpage,…

New Adventures in Wifi

A CJEU case could ensure that providers of free wifi are not exposed to liability for their users’ actions.  Consumers increasingly expect that cafes, hotels, pubs and even shops offer free wifi access on the premises as part of their service.  If the businesses could be liable in damages for…