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

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 …


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 …


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 …


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. …


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


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 …


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 …


Preliminary questions about distinctive character


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 …


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 an individual trade mark consisting of a quality label is not entitled by Article 9(1)(a) and (b) 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 that are neither identical …


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

IP10213 "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 …


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 …


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


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 …


Samsung sued for misleading advertisements about waterproof phones


"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, …


Preliminary question about communication to the public

Case law

Case C-392/19: VG Bild-Kunst v Stiftung Preußischer Kulturbesitz


Copyright. Preliminary reference on the interpretation of Article 3(1) of Directive 2001/29/EC


Preliminary question:

"Does the embedding of a work — which is available on a freely accessible website with the consent of the right holder — …


Judge rules that Andy Warhol did not infringe Prince picture copyright


ABC News: "Andy Warhol transcended a photographer's copyright by transforming a picture of a vulnerable and uncomfortable Prince into an artwork that made the singer an "iconic, larger-than-life figure," a judge ruled Monday.


U.S. District Judge John G. Koeltl in Manhattan sided with the Andy Warhol Foundation …


Element of a trade mark cannot be excluded by a disclaimer from global analysis of likelihood of confusion

IPPT20190612, CJEU, Patent- och registreringsverket v Hansson

Trade mark law - National legislation which provides for a disclaimer whose effect would be to exclude an element of a complex trade mark, referred to in that disclaimer, from the global analysis of the relevant factors for showing the existence of a likelihood of confusion within the meaning of that provision, or to …


AG: EUIPO’s decision rejecting the registration of the trade mark ‘Fack Ju Göhte’ should be annulled

Case law

Court of Justice of the European Union Press Release: “The Advocate General observes that freedom of expression clearly applies in the field of trade marks, even though its protection is not the primary goal of trade marks, the aim of which is essentially to guarantee to consumers the origin of the goods or …


Preliminary questions on the abuse of a dominant position by a copyright management for remuneration model to calculate licence fees

Case law

Case C-372/19: Sabam v BVBA Weareone.World and NV Wecandance  

Copyright. "Preliminary questions on the abuse of a dominant position by a copyright management for remuneration model to calculate licence fees" 


Preliminary questions:

"Must Article 102 TFEU, whether or not read in conjunction with Article 16 of …


U.S. Trademark Office denies Cardi B's application to trademark catchphrase "Okurr"

IP10206 "The United States Patent and Trademark Office has denied Rapper Cardi B’s application to trademark her catchphrase, “Okurr” because it’s too “commonplace.” Ouch. Just kidding. That’s actually just normal trademark denial language. A trademark is intended to indicate the source of goods or …


'FUCT' trademark ruling Supreme Court smoothes the path for Thunderpussy trademark

IP10205 "Nearly a year ago, I wrote that it was time for the United States Patent and Trademark Office to grant the requested trademark for the all-female rock band, Thunderpussy. Well, now it's really, really time as the Supreme Court has struck down the federal law that prohibited the registration of “immoral …


Request for a preliminary ruling concerning the three-dimensional trade mark

Case law

Case C-237/19Request for a preliminary ruling from the Kúria (Hungary) (unofficial translation from Dutch): "Gömböc has applied for registration of three-dimensional sign as a trade mark for decorative objects (umbrella and decorative objects made of glass and ceramics) and toys in Hungary at the …