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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Preliminary question about communication to the public

IP10210
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 — …

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Judge rules that Andy Warhol did not infringe Prince picture copyright

IP10209

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 …

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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 - Member States are free to provide for waivers of rights under national law in so far as they do not impair the effectiveness of the Trade Mark Directive and, in particular the protection against trade marks that are liable to create a likelihood of confusion. Article 4(1)(b) Trade mark Directive 2008 …

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

IP10208
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 …

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

IP10207
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 …

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

IP10206

Forbes.com: "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 …

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

IP10205

Forbes.com: "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 …

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

IP10204
Case law

Case C-237/19Request for a preliminary ruling from the Kúria (Hungary)

 

minbuza.nl (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 …

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Community Design for fluid distribution equipment declared invalid

IP10203
Case law

Design Law - Proceedings regarding the Registered Community Design for ‘fluid distribution equipment’. (Courtesy of Gert-Jan van den Bergh en Auke van Hoek, Bergh Stoop & Sanders en Berber Brouwer, Brouwer & Law)

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Preliminary question about supplementary protection certificate

IP10202
Case law

Case C-354/19: Novartis AG v Patent-och registreringsverket

 

Patent law - Request for preliminary ruling, on the interpretation of Article 3(c) of Regulation No 469/2009 and Article 3(2) of Regulation No 1610/96.

 

"1. Is the obligation on a national court to interpret the Directive 2006/115 on rental right …

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Preliminary questions about the interpretation of the Rental Directive

IP10201
Case law

Case C-265/19: Recorded Artists Actors Performers Limited v Phonographic Performance (Ireland) Limited

 

Copyright - "Preliminary reference on the interpretation of Directive 2006/115/EC"

 

Preliminary questions: 

"1. Is the obligation on a national court to interpret the Directive 2006/115 on rental right …

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Copyright dispute between Google and Genius about lyric scraping

IP10200

Wired.com: "Over the weekend, the music annotation site Genius publicly accused search juggernaut Google of stealing its crowdsourced song transcripts and natively publishing them on its search pages in knowledge panels Google calls its “One Box.” Doing so, Genius alleges, hurts Genius’ bottom line by diverting …

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