In an important decision for unregistered design right holders, the Court of Justice of the European Union (the CJEU) delivered its judgment yesterday in Karen Millen Fashions Ltd v Dunnes Stores (Case C-345/13).

Background

Karen Millen Fashions, a well-known British clothing retailer, claimed infringement of their unregistered design rights in three items of clothing by Dunnes Stores, a large Irish retail chain. The Irish High Court granted relief to Karen Millen in the form of an injunction restraining Dunnes Stores from using the designs and also in damages. Dunnes Stores, although not denying that it had copied the Karen Millen designs, appealed the decision to the Irish Supreme Court on the grounds that the items of clothing did not have individual character within the meaning of Article 6 of Regulation 6/2002 (The Regulations) and further that Karen Millen Fashions Ltd were required, under the Regulations, to prove that the design had individual character.

The Irish Supreme Court in turn referred two questions to the CJEU under the preliminary reference procedure.Continue Reading CJEU rules on unregistered design rights

The High Court, in Schrems v Data Protection Commissioner, 18 June 2014, has referred questions arising to the Court of Justice of the European Union (the CJEU). Judge Hogan has adjourned the High Court proceedings pending the reference to the CJEU. 

The Judge is asking the CJEU to examine two questions:

(1) Whether, as a matter of EU law, the Data Protection Commissioner (the DPC) is absolutely bound by the finding of the European Commission as manifested in Decision 2000/250/EC (i.e. that the Safe Harbour regime provides adequate protection for personal data), having regard to the subsequent entry into force of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union (which provide, respectively, for the right to respect for private and family life, and to protection of personal data) notwithstanding the provisions of Article 25(6) of the Data Protection Directive?


(2) Or alternatively, whether the DPC may conduct his own investigation of the matter in light of the factual developments since that Commission Decision was first published (i.e. the Snowden revelations that data and communications were being intercepted by the NSA on a global scale).


The case is due to be mentioned in the High Court in two weeks before the matter is sent to the CJEU.Continue Reading Irish High Court refers Facebook Privacy case to European Court

Domino’s Pizza has suffered a security breach by a group of online professional hackers who accessed the online databases and servers of Domino’s Pizza customers in France and Belgium. The hackers claim to have downloaded over 600,000 customer’s records (592,000 relating to French customers and 58,000 relating to Belgian customers) which include names, addresses, phone numbers, passwords, delivery instructions and even favourite toppings.

In an unusual twist the hackers demanded a payment of €30,000 to be paid directly to them in exchange for the stolen information failing which they would publish the personal data online. The hackers posted further information and threats on a Twitter account that has since been suspended. Domino’s France released a statement on Twitter saying that although its data is encrypted, it has fallen victim to "professionals" who were able to "decode the cryptographic system for the passwords".Continue Reading Domino’s Pizza Data Exposure

In McCambridge Ltd v Joseph Brennan Bakeries  [2014] IEHC 269 (27 May 2014), the High Court considered the correct approach to assessing an account of profits for passing off.  The Court held that the defendant was obliged to account to the plaintiff for such portion of its profits as were attributable to its decision to dress up the packaging of its sliced brown bread in a get up that unintentionally passed it off as the highly-regarded loaf of the plaintiff.

The Court highlighted that the purpose of an account of profits is not to punish an infringer, but to remove from the infringer any unjust enrichment through stripping out the profits attributable to the infringement.Continue Reading Guidance on assessing an account of profits for passing-off

The Court of Justice of the European Union (CJEU) has delivered its judgment in Public Relations Consultants Association Ltd (PRCA) v Newspaper Licensing Agency Ltd and Others, Case C-360/13. The CJEU confirmed that internet users who read an article on a media monitoring website do not require a copyright licence from the publisher, as it falls within an exception to copyright infringement.

The decision provides reassurance to internet users that they can view media monitoring reports online without fear of liability for copyright infringement.Continue Reading CJEU rules no copyright licence required to view online media monitoring reports

Following the recent Court of Justice decision in the Costeja case, Google launched a service last Friday that will allow European data subjects to request the removal of search results for queries that include their name where those results are "inadequate, irrelevant, or no longer relevant, or excessive in relation to the purpose for which they were processed". The request form is available online.Continue Reading Google launches new European privacy removal tool

The EU’s Article 29 Working Party has adopted an Opinion on Anonymisation Techniques (Opinion 05/2014).  The Opinion analyses the effectiveness and limits of existing anonymisation techniques, and provides recommendations for use of these techniques in light of the residual risk of identification inherent in each of them.Continue Reading Working party publishes Opinion on Data Anonymisation Techniques

The English High court has exercised jurisdiction in relation to foreign designations of a European patent. Arnold J gave a lengthy judgment of 376 pages, for which he made no apology, in the action between Actavis and Eli Lilly (Actavis UK Ltd & Ors v Eli Lilly & Company [2014] EWHC 1511 (Pat)). While there were a significant number of issues between the parties, the validity of the patent was not contested.

Actavis, a generic pharmaceutical company, had sought declarations of non-infringement in relation to the UK, French, Italian and Spanish designations of Eli Lilly’s European patent for an anti-cancer drug. The Court, in applying English law, held that they were entitled to such declarations despite the challenge made by Eli Lilly that the English court did not have jurisdiction over the foreign designations.Continue Reading UK ruling in multi-jurisdictional patent action

The Court of Justice of the European Union (CJEU) has ruled that the Data Retention Directive 2006/24/EC (Directive) is invalid.

The Irish High Court (in Digital Rights Ireland Ltd v Minister for Communications, Marine and Natural Resources & Ors C-293/12) and the Austrian Constitutional Court (in Kärntner Landesregierung, Michael Seitlinger, Christof Tschohl and others, C 594/12), asked the CJEU to examine the validity of the Directive.Continue Reading CJEU rules that the Data Retention Directive is invalid