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Christopher Dumont is an associate at Crowell & Moring’s Brussels office and is a member of the Intellectual Property Group. Christopher advises and assists clients in both contentious and non-contentious matters across the broad spectrum of IP/IT law. He also advises on commercial law and regulatory matters. He has experience in advising and litigating complex trademark and patent litigation cases, including procedural aspects (e.g., use without due cause, Bolar exemption, Arrow declarations, priority rights, Gillette defense, locus standi). He has handled parallel import cases and European cross-border issues, and advised on regulatory matters, IP portfolio management, and strategic planning.

I. Introduction

In recent news it was reported that Ikea, a globally well-known furniture company, sent a cease and desist letter to the gaming studio Ziggy following the announced release by the latter of a video game called “The store is closed”. The video game is still in development, but it has been characterized as a survival horror game set in an Ikea-like furniture store called “STYR”. The idea of the video game is to explore, craft weapons, build fortifications and try to survive the night in the furniture store.

Although the video game is unreleased, Ikea discovered that the gaming studio Ziggy was raising funds through a Kickstarter campaign. In total Ziggy was able to already raise several tens of thousands of dollars in a short period of time. From its discovery, Ikea immediately sent a cease and desist letter demanding certain changes as the “game uses a blue and yellow sign with a Scandinavian name on the store, a blue box-like building, yellow vertical stiped shirts identical to those worn by IKEA personnel, a gray path on the floor, furniture that looks like IKEA furniture, and product signage that looks like IKEA signage. All the foregoing immediately suggest that the game takes place in an IKEA store”. Continue Reading Ikea’s Battle Against Horror Games: The Importance of Intellectual Property Rights

In a judgment of August 1, 2022, the Court of Justice of the European Union (CJEU) provided further guidance on two important aspects of the General Data Protection Regulation (GDPR) (CJEU C-184/20). In summary, the CJEU held that, first, for a national law that imposes a legal obligation to process personal data to be able to constitute a legal basis for processing, it needs to be lawful, meaning that it must meet an objective of public interest and be proportionate to the legitimate aim pursued, and second, that non-sensitive data that are liable to reveal sensitive personal data need to be protected by the strengthened protection regime for processing of special categories of personal data.Continue Reading Processing of Personal Data That May Indirectly Reveal Sensitive Information on the Basis of a Legal Obligation: The CJEU Draws the Contours