IP Newsletter September

Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).

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LNI IP Newsletter September 2025

TroyGould Announces David Ficksman Included in 2026 Edition of The Best Lawyers in America®

David L. Ficksman was included in the 2026 edition of The Best Lawyers in America® in the area of Securities/ Capital Markets Law. Mr. Ficksman has been recognized in the prestigious annual ranking since 2016.

Mr. Ficksman joined TroyGould in 2005 after spending a number of years as a partner at Loeb and Loeb LLP. He represents clients both US and foreign in a wide variety of industries, including life sciences, real property construction, sports, gaming, technology, financial services and entertainment. His practice focuses on securities, corporate governance, mergers and acquisitions, and corporate finance. Mr. Ficksman also represents investment banks in their financings. Over the past year, Mr. Ficksman has represented both companies and underwriters in six successful initial public offerings on Nasdaq, and has advised his public company clients in numerous public and private offerings.

“David is an outstanding lawyer and person. It is a well-deserved honor, and we are thrilled that he has been consistently recognized by his peers for his outstanding legal talent,” said Aaron Bloom, Managing Member of TroyGould. “David has been an integral part of our firm’s success. He has demonstrated an unwavering commitment to the legal profession and the clients we serve. He exemplifies the level of hard work and dedication that have been the hallmark of our firm for over 55 years.”

Best Lawyers has been regarded by lawyers and the public for more than 40 years as the most credible measure of legal integrity and distinction in the United States. Inclusion in The Best Lawyers in America® is based on a vigorous peer-review survey.

See more articles from our American member firm TroyGould PC.

JP Karsenty & Associés IP Newsletter, September 2025

The JP Karsenty & Associés Intellectual Property Newsletter, September 2025 written by Pierre Trusson, with assistance from Perrine Vincent, reviews the following news.

INFRINGEMENT: Recognition of trade secrets by the Paris Judicial Court in the presence of collection plans and purchase invoices.

In the context of an interim retraction following an infringement seizure, the Court conducted a careful examination to determine whether certain seized documents could benefit from the trade secret regime provided for in Article L.151-1 of the French Commercial Code.

Each criterion provided for in the said article – secrecy, protective measure, commercial value – is then verified with regard to the information contained in the documents seized (purchase volume, supplier, purchase price, etc.).

The result is the establishment of a confidentiality circle organizing the delivery and consultation of partially redacted documents.

Our FOCUS IP looks back in detail on this judgment and the examination conducted by the Court with regard to the documents apprehended.

Read the full newsletter:

English: Newsletter, September 2025, Intellectual Property

Français: Newsletter, Septembre 2025, Propriete Intellectuelle

 

See more information on French member firm JP Karsenty.

Buju Stanciu & Asociații Advises RentnBuy on Romania Launch of AI-Powered Rentals Platform

Buju Stanciu & Asociații has advised Romanian proptech startup RentnBuy on its €550,000 pre-seed round at a €5m+ valuation and on the product-led launch of its commission-free rental platform in Romania. The round and launch have been covered in the business press and market databases.

RentnBuy connects tenants directly with landlords, eliminating broker commissions and streamlining the rental journey with free property listings, auto-generated contracts, and online e-signature. The platform also features REVA, an AI assistant designed to help users navigate listings and complete key steps digitally. The startup has also been recognized by Vestbee (Top 10) and selected for Google for Startups programming, reflecting growing industry validation.

BSA’s cross-practice team structured the round, prepared the investment documentation, and put in place governance mechanisms aligned with rapid scaling and future financing. We also secured IP protections around the platform and its AI-enabled features, coordinating input from our Corporate/M&A, Tech & Data, and IP practices. The matter was co-led by Marius Stanciu and Alin Nichifor.

See more articles from our member firm in Romania, Buju Stanaciu & Asociatii.

IP Newsletter August 2025

Legal Network International’s update on global IP and trade mark news from the member firms of the Legal Network International (LNI).

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LNI IP Newsletter August 2025

Philippe & Partners: Protection of Personal Data and the Liability of the EU Institutions-Key lessons from the Judgment T-354/22

The issue of transfers of personal data outside the European Economic Area remains not only very topical, but also very sensitive. The decision handed down by the Court of Justice of the European Union on 8 January 2025 illustrates this perfectly. The case under consideration was between a German citizen and the European Commission. This case (T-354/22) questions the lawfulness of the transfers of personal data to third countries carried out by the Commission and recalls the obligation of the European institutions to guarantee a level of protection in accordance with the standards of the GDPR and Regulation 2018/1725.

  1. The case in brief. Bindl, after accessing the website of the Conference on the Future of Europe, found that connections with third parties, including Amazon Web Services (AWS) and Meta Platforms Inc. (Facebook), had been activated, raising questions about possible data transfers outside the EU. In order to register for an event on this site, he used the authentication option via Facebook (EU Login), resulting in a transfer of his IP address and other information to Meta’s servers in the United States. Mr Bindl, a German citizen with a keen interest in IT and data protection issues, asked the Commission for clarification, but the Commission was slow to respond. The case concerned three points: the cancellation of the data transfers, the recognition of a failure by the Commission and a claim for compensation for moral damage.
  2. Legal teaching. The General Court dismissed the applications for annulment and for recognition of a failure to act, holding that the transfers at issue did not constitute challengeable acts within the meaning of Article 263 TFEU. However, regarding the question of the Commission’s liability, the General Court held that the transfer of personal data to the United States did indeed constitute a violation of Article 46 of the GDPR, in the absence of sufficient safeguards. The General Court thus ordered the European Commission to pay Mr Bindl the sum of EUR 400 in compensation for the damage suffered.

This judgment is based on three fundamental elements:

    • The sufficiently serious breach of EU law: The Commission failed to fulfil its obligations by facilitating the transfer of data via the Facebook hyperlink without providing safeguards in accordance with the requirements of the GDPR.
    • The existence of moral damage: The uncertainty about the security of the data and the lack of transparency of the Commission placed Mr Bindl in a situation of legal uncertainty.
    • A direct causal link: The display of the Facebook hyperlink on EU Login immediately led to the transmission of the data, which was attributable to the Commission.
  1. Impact and perspectives. This judgment illustrates the rigour of judicial review in data protection and highlights the legal risks associated with the use of third-party services for user authentication. It also underlines the responsibility of the European institutions in the implementation of online connection devices and the need to provide safeguards in line with the requirements of the GDPR.

This ruling sets an important precedent, especially for public entities using US services involving data transfers outside the EU. He points out that the presence of a simple hyperlink leading to an external service may be enough to engage the liability of an institution in the event of a non-compliant data transfer. It also shows that our institutions are in no way exempt from the regulations to which they themselves have given birth; Compliance and legal rigour are required, including in the upper echelons of our democratic institutions.

Transferring data outside the European Economic Area in a GDPR-compliant manner remains a challenge today. In this respect, we welcome the recent initiative of the CNIL, which has published a guide on the impact assessments of data transfers, intended to support organizations carrying out such transfers.

See more articles from our member firm in Belgium, Philippe & Partners.

SNP Advises TAL on project to secure the entire crude oil supply of the Czech Republic

SNP Schlawien advised Deutsche Transalpine Oelleitung GmbH (TAL) on all legal issues relating to the implementation of a strategically important infrastructure project to secure the entire crude oil supply of the Czech Republic.

In view of geopolitical developments and the resulting threat to supplies via the southern Druschba pipeline, which traditionally supplied Russian oil to the Czech Republic, it was imperative to switch the entire supply of the two Czech refineries in Kralupy and Litvinov to the Transalpine oil pipeline and the connecting MERO pipeline.

The TAL is the only supply artery for refineries in southern Germany, Austria, and the Czech Republic from the Mediterranean region and transports crude oil from the port of Trieste via Italy, Austria, and Germany. The capacity expansion of the section (TAL-IG) from Trieste to the Ingolstadt area was essential to meet the additional demand from the Czech Republic.

SNP Schlawien’s advice included legal support for the planning approval process for the capacity increase of the TAL-IG in Germany, the drafting of a cooperation agreement with the investor MERO ČR a. s., the preparation and negotiation of a framework agreement for the procurement of new facilities in Italy and Austria, and legal support for the implementation of the expansion measures.

The Czech government recently announced the successful and timely implementation of the project. This secures the Czech Republic’s crude oil supply in the long term – completely independent of Russian oil.

See more articles from our German member firm SNP Schlawien.

JP Karsenty & Associés IP Newsletter, July 2025

The JP Karsenty & Associés Intellectual Property Newsletter, July 2025 written by Pierre Trusson, with assistance from Beryl Boyer, reviews the following news:

EVIN LAW – Sanction of a competition conditional on the purchase of alcoholic beverages for excessive incitement to consumption.

Competitions are likely to be qualified as illegal advertising when they condition participation in the purchase of a significant quantity of alcoholic beverages, in this case 12 bottles of beer, even in the absence of staging or value-added terms.

In a recent decision, the Paris Judicial Court condemned a company that published a competition on a major retailer’s website that offered Internet users the chance to win a refund for their groceries, on the condition that they buy at least two products from the 1664 beer brand, i.e. at least 12 bottles of 25 cl.

Focus IP reviews in detail on this judgment and the facts that led to a conviction.

Read the full newsletter:

English: Newsletter, July 2025, Intellectual Property

Français: Newsletter, Juillet 2025, Propriete Intellectuelle

 

See more information on French member firm JP Karsenty.

Rucellai & Raffaelli: Insight into the Protection of the ‘Testarossa’ Trademark

On 2 July 2025, the General Court of the European Union ruled in favour of Ferrari in the proceedings concerning the “Testarossa” trademark, annulling the decisions by which the EUIPO had declared the trademark invalid for non-use. The EUIPO had indeed found that Ferrari had not made genuine use of the trademark between 2010 and 2015 for goods such as automobiles, spare parts, accessories, and scale models. However, the Court reached a different conclusion.

The Court recognized that, although production of the “Testarossa” automobiles ceased in 1996, Ferrari continued to use the trademark, notably through the sale of used vehicles by authorized dealers and distributors. In these instances, the use of the trademark was deemed valid, even if carried out by third parties, as it occurred with Ferrari’s implied consent, which, inter alia, provided an official vehicle certification service.

The same reasoning applies to spare parts and accessories, which were also distributed by entities connected to Ferrari and subject to the company’s control and certification activities.

With regard to scale models, the Court clarified that trademark use by third parties is lawful insofar as it serves solely to indicate that the models are faithful reproductions of the original vehicle. In any event, it was established that many such products bore the statement “official product under license from Ferrari,” confirming authorized use of the trademark.

In essence, Ferrari demonstrated that it never abandoned the “Testarossa” trademark, and the Court acknowledged the validity of genuine use, even if it differed from the direct sale of new models.

See more articles from our Italian member firm Rucellai & Raffaelli.

Philippe & Partners: EU Directive 2025/25 Modernises Business Processes in Belgium and the EU

The European Directive 2025/25 foreshadows a digital and more transparent future for company law. It simplifies the creation and management of companies and encourages cross-border cooperation. Belgium must transpose the directive into national law by 2027.

Digitalisation and transparency at the heart of the new regulation

On 30 January 2025, the European Directive 2025/25 came into force. This new measure aims to thoroughly modernise company law in the European Union, with a clear focus on digitalisation, transparency and cross-border cooperation. This directive also makes sweeping changes for the general partnership (or better known as the SNC), as well as the limited partnership (“SComm”).

Belgium must transpose the Directive into national law by 31 July 2027, with the exception of a limited number of articles for which the transposition deadline has been extended until 1 August 2029. From 1 August 2028, the rules must be applied in practice.

Digital creation and recording become the norm

One of the most notable changes is the ability to create fully digital companies. Formation, registration in the Belgian Official Gazette and changes in the Crossroads Bank for Enterprises (CBE) can be done via a standardised digital platform. This should reduce the administrative burden and speed up the implementation times.

Once the Directive has been transposed, companies will be required to notify any changes to their data or articles of association within 15 working days. Exceeding this deadline may result in sanctions.

EU Business Certificate and Digital Power of Attorney

The Directive also introduces two innovative tools:

  • The EU company certificate: a uniform digital proof of a company’s registration and legal validity, valid in all member states.
  • The EU digital power of attorney: Entrepreneurs can now digitally authorize someone to represent them legally in the event of cross-border company incorporation or mergers, for example.

These tools are intended to reduce barriers to international expansion, especially for SMEs looking to operate in other EU countries.

Increased transparency and control possibilities

In addition, the Directive requires companies with consolidated accounts to disclose their group structure – including the ultimate parent company – through the ECB. This measure strengthens the fight against money laundering and tax evasion.
In addition, the incorporation or amendment of the articles of association of certain types of companies, such as general partnerships (SNC) and limited partnerships (SComm), will now have to be subject to a legality review by a competent body (notary, court or administration). However, at this time, it is not yet clear how this revision will materialize.

Impact on Belgian companies

Although most of the provisions will only come into force once the directive has been transposed into Belgian law, entrepreneurs are already advised to prepare for this digital change. Legal software vendors and accounting firms have already begun to develop tools to guide their clients in this area.

With this directive, the European Commission hopes to strengthen the competitiveness of the single market by removing administrative barriers and increasing investor confidence.

See more articles from our member firm in Belgium, Philippe & Partners.