No copyright protection for designs that merely produce an aesthetic effect

IPPT20190912, CJEU, Cofemel v G-Star Raw

Copyright - Design law - Copyright protection may not be granted to designs on the sole ground that, over and above their practical purpose, they produce a specific aesthetic effect: designs must constitute the expression of original works if they are to qualify for such protection.

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National provision prohibiting Google from using press snippets is not applicable without prior notification to the Commission

IPPT20190912, CJEU, VG Media v Google

Copyright - A German provision prohibiting internet search engines from using newspaper or magazine snippets without the publisher’s authorisation must be disregarded in the absence of its prior notification to the Commission: that provision constitutes a rule on information society services and, therefore, a …

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The Ohio State University's trademark registration of 'the' refused

IP10221

NBC News: "Federal regulators on Wednesday rejected Ohio State University in its bid to trademark "the" in front of OSU's name, saying such protection just isn't necessary.

 

The school in Columbus has aggressively marketed itself with the three-letter word, with Buckeyes sports organizations insisting on being …

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The Māori Council threatened Air New Zealand with boycott for attempting to trademark 'Kia Ora' logo

IP10220

CNN: "Air New Zealand's attempts to trademark a logo of a common Māori greeting has sparked anger and threats of a boycott from the Māori community.

The Māori phrase "kia ora," which translates literally as "be well," is widely used across the country to mean "hello."

Air New Zealand said that it wanted to …

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Place infringement online advertisements can also be the place where the target audience is located

IPPT20190905, CJEU, AMS Neve v Heritage Audio

Trade mark law - Private International Law - In the event of an alleged infringement through online advertising, the proprietor of a EU trade mark may bring an infringement action against a third party before the national trade mark court where the target audience of the infringing online advertisement is located.

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A-G Szpunar: supply of e-books is not covered by the distribution right but by the right of communication to the public

IP10219
Pending Case law

Opinion of advocate-general Szpunar regarding NUV/Tom Kabinet  (C263/18). The referring court has asked the Court four questions concerning whether the supply of e-books by downloading online for permanent use is covered by the right of distribution within the meaning of Article 4 of Directive 2001/29, whether …

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Possible redraw Copyright Landscape because of battle between Mercedes-Benz and Street Artists

IP10218

Hollywoodreporter.com: "A lawsuit involving a series of Detroit murals may define how much protection artists have if their work is in plain sight on the exterior of a building.

 

[...]

 

The luxury automaker in March sued four artists who saw a series of G Class truck Instagram ads that showed their work in the …

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Preliminary questions about liability of hosting providers when providing certain services

IP10217
Pending Case law

Case C-500/19. Puls 4 TV. Preliminary questions Oberster Gerichtshof – Austria.

 

Copyright. Preliminary questions. “1. Is Article 14(1) of Directive 2000/31/EC to be interpreted as meaning that the operator of an online video platform, as a host service provider, plays an active role, leading to a loss of the …

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Preliminary questions on the application of the VAT directive on collective management organisations

IP10216
Case law

Case C-501/19: UCMR – ADA Asociația pentru Drepturi de Autor a Compozitorilor - Pro Management Insolv IPURL.

 

"Preliminary reference on the interpretation of Council Directive 2006/112/EC"

 

Preliminary questions:

"1. Do the holders of rights in musical works supply services within the meaning of Articles …

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Justified declaration that Red Bull trade marks consisting of a combination of the colours blue and silver per se are invalid

IPPT20190729, CJEU, Red Bull v EUIPO

Trade Mark Law - Justified declaration that Red Bull trade marks consisting of a combination of the colours blue and silver per se are invalid: General Court correctly applied the principles stemming from the Heidelberger Bauchemie judgement (IPPT20040624), considering that the mark was not systematically arranged in …

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Freedom of information and freedom of the press are not capable of justifying exceptions or limitations to the copyright not provided for in the directive

IPPT20190729, CJEU, Funke Medien v Duitsland

Copyright - Military status reports constituting purely informative documents, the content of which is essentially determined by the information which they contain and that those reports are thus entirely characterised by their technical function, are not protected by copyright: creativity has not been expressed in an …

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CJEU: Phonogram producer can prevent "sampling'' of his work

IPPT20190729, CJEU, Pelham

Related Rights - Copyright - Phonogram producer can prevent under Article 2(c) Copyright Directive another person from taking a sound sample, even if very short ("sampling"), of his or her work for another phonogram, unless that sample is included in the phonogram in a modified form unrecognisable to the ear. …

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ECJ Kraftwerk: “What we’re gonna do right here is go back. Way back!”

IP10215

Daniel Haije (Hoogenraad & Haak)

"The Grand Chamber of the European Court of Justice (15 judges) decided yesterday in it’s infinite wisdom that use of a recognizable music sample (however short) is not permitted without authorization from the phonogram producer (ie. the owner of the recording). The judgment …

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Author’s consent not required when using work for the purposes of reporting current events

IPPT20190729, CJEU, Spiegel Online v Volker Beck

Copyright - Copyright directive does not fully harmonise the exceptions or limitations. European fundamental rights are not capable of justifying exceptions or limitations not provided for in the directive. In striking the balance between the rights of the author and the rights which derogate from the …

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Preliminary questions about distinctive character

IP10214

Case C-456/19: Aktiebolaget Östgötatrafiken. Prejudiciële Svea Hovrätt - Sweden.

 

Trade Mark Law. Preliminary reference on the interpretation of Article 4(1)(b) of Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015

 

Preliminary questions:

1. Must Article 4(1)(b) of the …

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CJEU on protection of a trade mark consisting of a quality label

IPPT20190411, CJEU, ÖKO-Test Verlag v Dr. Rudolf Liebe

Trade Mark Law - Proprietor of a ‘quality label’ trade mark (for consumer information and –advice) is not entitled by Article 9(1)(a) and (b) (former) CTMR and Article 5(1)(a) and (b) of Directive 2008/95 to oppose the affixing, by a third party, of a sign identical with, or similar to, that mark to products …

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Marvel's Iron Man 3 poster does not infringe copyrights Horizon Comics

IP10213

Thewrap.com: "Marvel Entertainment won a copyright infringement lawsuit on Monday that had claimed the company copied the design of their movie poster for “Iron Man 3” from another comic.  Horizon Comics Productions sued Marvel in April 2016 saying the image of Robert Downey Jr. kneeling in his Iron Man suit was …

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Complaints directed against grounds of the judgment under appeal purely for the sake of completeness cannot in any event lead to the judgement’s being set aside

IPPT20190704, CJEU, FTI Touristik v EUIPO

Trade Mark Law - Name in normal script of figurative mark in the European Union Trade Marks Bulletin irrelevant for the purpose of determining the phonetic perception of the signs which should not be confused with their name in the Bulletin. Complaints directed against grounds of the judgment under appeal purely for …

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Dijkman, commentary on HP/Digital Revolution (Dutch Supreme Court), 19 April 2019

IP10212

L.E. Dijkman, European University Institute, commentary on HP/Digital Revolution 19 April 2019 (Dutch Supreme Court, HP/Digital Revolution); published in Journal of Intellectual Property Law & Practice, July 2019.

 

"In its ruling in HP/Digital Revolution, the Dutch Supreme Court held that the sale of a …

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Samsung sued for misleading advertisements about waterproof phones

IP10211

"The ACCC has instituted proceedings in the Federal Court against Samsung Electronics Australia Pty Ltd (Samsung) alleging it made false, misleading and deceptive representations in advertising the water resistance of various ‘Galaxy’ branded mobile phones. Phones subject to the ACCC’s case are the S10e, S10, …

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