The Trademark Modernization Act (TMA) amends the U.S. Trademark Act, or Lanham Act, in several important ways, most notably shifting the burden of proving irreparable harm away from trademark owners. First, the TMA clarifies that a plaintiff seeking preliminary or permanent injunctive relief “shall be entitled to a rebuttable presumption of irreparable harm” upon a finding of infringement or a likelihood of success on an infringement claim. Since the U.S. Supreme Court’s decision in eBay, Inc. v. MercExchange, 547 U.S. 388...

The ECB meeting is the most important calendar event in the week ahead.  It is true that the US reports February CPI figures, but the base effect surge begins with the March reading.  Still, headline inflation will likely be lifted by rising food and energy prices.  The core rate has been flat for the past two months, and a small rise should not be surprising. Last March, headline CPI fell by 0.3%.  In April, it tumbled 0.7% and another 0.1%...

On February 10, 2021, the Council of the European Union (EU) agreed on its version of the draft ePrivacy Regulation (Council Position). The long-awaited ePrivacy Regulation, which will repeal the existing ePrivacy Directive, overhauls the rules on cookies and regulates the use of and access to electronic communications data. The new ePrivacy Regulation will directly regulate telecom operators, providers of voice over IP, messaging and web-based email services, as well as other types of digital communication services. Importantly, it will...

With just hours to spare before the European Parliament was set to decide its schedule on ratifying the post-Brexit agreement, the UK Government’s announcement that it would temporarily, but unilaterally, change the rules for trade into Northern Ireland caused indignation across Brussels and national capitals. In a way, it is a stunning repeat of the controversy around the UK Government’s September proposal to “break international law in a specific and limited way” through its Internal Market Bill. This latest dispute between...

A heads-up for companies with cross-border activities. The ECN+ Directive’s transposition deadline has expired and its provisions should by now have found their way into the national laws of the EU Member States. In the Netherlands, amendments to the Dutch Competition Act giving effect to the ECN+ Directive came into force recently, together with a new governmental decree on leniency. Companies should update their dawn raid manuals to take account of the newly acquired enforcement tools now available to certain national competition authorities. They should also...

At the start of the new year, Germany’s Federal Ministry of Justice and Consumer Protection has taken twofold action by publishing two draft Acts intended to transpose, firstly, the Directive on certain aspects concerning contracts for the supply of digital content and digital services (2019/770/EU) and, secondly, the Directive as regards the better enforcement and modernisation of Union consumer protection rules (2019/2161/EU). Both drafts were passed by the Federal Government on 13 January 2021 and have now been presented to the Bundesrat for its comments....