CJEU decision in Coty – Storage of infringing goods by Amazon on behalf of third parties for the Amazon-Marketplace does not constitute a trade mark infringement by Amazon

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/cjeu-decision-in-coty

Today’s CJEU decision in Coty Germany GmbH v Amazon (C-567/18) falls in line with the previous German decisions: A company storing goods on behalf of a third-party seller without awareness that said goods infringe third-party trade mark rights does not itself ...

02 April 2020

CJEU: Airlines are liable for accidents to passengers in flight in the absence of an aviation-related hazard

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/cjeu-airlines-are-liable-for-accidents-to-passengers-in-flight

The Court of Justice of the European Union has clarified the scope of what constitutes an “accident” giving rise to liability under article 17(1) Montreal Convention 1999. An airline will be liable for harm caused to a passenger by accidents which have ...

13 February 2020

Brexit: Commercial contract implications

http://www.twobirds.com/en/disputes-plus/shared/articles/2016/uk/brexit-commercial-contracts-implications

This briefing note anticipates how the UK's exit from the EU and the end of the transition period may impact on commercial contracting arrangements more widely in the UK.

31 January 2020

UK Supreme Court rules that longer time limits for customs duty demands should apply in criminal context

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/global/uk-supreme-court-rules-that-longer-time-limits-for-customs-duty-demands

In FMX Food Merchants v HMRC [2020] UKSC 1, the Supreme Court ruled in favour of HMRC, overturning last year's Court of Appeal decision, deciding that HMRC could issue a post-clearance demand after the expiry of the normal three-year time limit where criminal ...

30 January 2020

The CJEU clarifies the principle of copyright exhaustion in the digital environment

http://www.twobirds.com/en/disputes-plus/shared/articles/2020/europe/the-cjeu-clarifies-the-principle-of-copyright-exhaustion-in-the-digital-environment

The CJEU has ruled that the supply of second hand e-books by Tom Kabinet constituted an unauthorised communication to the public within the meaning of Article 3(1) of the InfoSoc Directive and therefore held to be unlawful.

28 January 2020