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Counsel at Brandit, a dating app and Hitachi discuss how data mining can aid IP enforcement, the pitfalls of storing too much data and filing strategies

Online marketplaces established by e-commerce portals claiming to be intermediaries have come under scrutiny from the Delhi High Court. The portals currently enjoy immunity under safe harbour provisions laid out in the Information Technology (IT) Act, 2000. This was examined by a single judge of the Delhi High Court in a series of cases brought by Christian Louboutin SAS, Luxottica Group SPA, Skullcandy Inc and L'Oreal. The Court looked at the practices followed by e-commerce portals in selecting and enrolling sellers on their platform. Further, it examined if such practices made them an active participant or an intermediary. The brand owners in each of the cases listed below questioned the role played by the e-commerce operator in the sale of counterfeit goods on its platform.

Nirvana is suing Marc Jacobs for copyright and trade mark infringement for its use of a smiley face logo in its Bootleg Redux Grunge clothing collection, with observers saying the fashion brand will likely rely on First Amendment defences

Recent patent, trade mark and copyright news includes an Ed Sheeran case going to trial, Qualcomm posting bonds in its dispute with Apple in Germany, a Pooey Puitton purse, whether the Carlton dance is protected by copyright, and an Israel Supreme Court decision

The decrease in district court patent cases was proportionally smaller last year than the year before, suggesting the volume of new patent disputes is levelling out

New USPTO guidance makes two primary changes to how patent examiners apply the Section 101 test, while guidance for applying Section 112 to computer-implemented inventions was also announced

The US Supreme Court now has five IP cases on its docket, after agreeing to hear the USPTO’s appeal of the case involving the FUCT mark

IBM was the US patent leader for the 26th year in a row in 2018 while China was the only major patenting country to show a net increase in US grants, according to IFI CLAIMS Patent Services’ new ranking

Josh Pond, Lisa Pearson, Matthew Meyer and Ted Davis of Kilpatrick Townsend dissect the contentious trade mark and remedy issues that split the Federal Circuit in its decision overturning the US International Trade Commission’s sneaker ruling

Recent intellectual property moves include hires by McDermott Will and Emery, Seyfarth Shaw, Holland & Hart, Ballard Spahr, Greenberg Traurig, Barnes & Thornburg, Perkins Coie, Cooley, Mathys & Squire, Hogan Lovells and Clyde & Co