Compton Cases | Geographical Names as Fashion Trademarks
In two judgements of 28 February 2024 in related cases T-746/22 and T-747/22, the General Court of the EU (GCEU) upheld the validity of two EU trademark registrations containing the geographical name ‘Compton’, which it considers distinctive and not descriptive for fashion items like clothing and bags. These judgments provide a good opportunity to refresh […]
INSURANCE LAW | New Rules on Time Limits and Penalties
On 14 March 2024, the Belgian Federal Parliament adopted a draft law setting up new rules on time limits and penalties for the payment of insurance covers and benefits (the “Law”). The Law will enter into force on the first day of the 6th month following its publication in the Official Gazette – which should […]
GDPR and Administrative Fines | Important clarifications from the CJEU
On 5 December 2023, the Court of Justice of the European Union handed down two important judgments1 which clarify the conditions for imposing an administrative fine on a data-controller for a breach of the General Data Protection Regulation (Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection […]
Video Games Series | The Use of Personal Data in the Industry
The video game industry’s increasing reliance on personal data presents a complex legal landscape that game developers must carefully navigate. As the gaming landscape evolves, the role of personal data becomes more pronounced. This article delves into two key aspects: the utilisation of personal data in game analytics and the recurrent theme of data breaches […]
GDPR and Right to Compensation | Important clarifications from the CJEU
In December 2023 and January 2024, the Court of Justice of the European Union handed down several judgments1 that provide important clarifications regarding the right to compensation for non-material damage suffered as a result of a breach of the GDPR, enshrined in Article 82 of the General Data Protection Regulation (Regulation 2016/679 of the European […]
Video Games Series | Legal Implications Surrounding AI Use
In this second episode, we will focus on two significant uses of artificial intelligence (AI) in video games: driving non-player characters (NPCs) and adapting game worlds. We will examine the legal issues associated with these uses, including copyright infringement, ownership of AI-generated content, image rights, and patentability of AI inventions. We will also briefly touch […]
CJEU allows strict liability when enforcing provisional measures for IP infringement
In a judgment of 11 January 2024 in Mylan v Gilead (C-473/22), the Court of Justice of the European Union (CJEU) has accepted that a party enforcing a provisional measure can be held liable to compensate the defendant for any damages and costs caused by the enforcement, when the intellectual property right on the basis […]
Video Games Series | Skin Betting
The practice of gambling is an age-old phenomenon, with there being no shortage of various rules and stakes that are thrown into the balance. One of the latest examples is using items in video games known as ‘skins’ to bet on the outcome of gaming competitions. Despite originating from within the video games sphere, the […]
INSOLVENCY Series | Episode 5: Cross-border Insolvency and International Aspects
In today’s globalised economy, businesses commonly operate in multiple States and engage with international creditors. Consequently, financial difficulties faced by a business often transcend national borders. Hence, insolvency proceedings opened in a State will frequently have cross-border implications. Several questions arise when a debtor’s insolvency has or may have cross-border implications, namely: Jurisdiction: which courts […]
Gaming & Law Series | Season 1 – Wrap Up
Level up your legal game Last year, our Video Game series explored the complex legal landscape covering everything from trademarks and adaptation rights to consumer protection. But hold onto your controllers, because Season 2 is about to drop. Our upcoming episodes are plunging even deeper into the gaming universe, tackling topics like skin betting, the […]
Proposed reforms for Belgian listed companies regarding the shareholders’ right to oppose the transfer of their company’s key assets and governance
In a significant development that promises to reshape the corporate governance landscape in Belgium, the government has unveiled a draft bill introducing three pivotal proposals. These proposals, emanating from recommendations by the Financial Services and Markets Authority (FSMA), aim to fortify governance practices within listed companies. The draft bill has been submitted to the Belgian […]
Pick your cherry chocolate lookalike packaging (GCEU, 29 November 2023, T‑29/23)
In case T‑29/23 (Vobro/Mieszko), the General Court of the EU (GCEU) was asked to rule on the likelihood of confusion (LoC) of two complex signs containing word elements and the image of a cherry dipped in chocolate in relation to class 30 goods (confectionery and sweets). Summary of the decision After the EUIPO Opposition Division […]