Blog Post
Another page-turner – the resale of e-books does not result in copyright exhaustion
Despite strong arguments to the contrary, in Tom Kabinet (C-263/18), Advocate General Szpunar has opined that the right to distribute a copyright work is not exhausted when an e-book is sold. The right therefore remains valid to be relied upon by the copyright owner post-sale, in contrast to the position with hard-copy books.
Blog Post
Jurisdiction to hear EU trade mark infringement clarified by CJEU
In AMS Neve v Heritage Audio, the CJEU clarified what jurisdiction the Courts of EU Member States have in relation to infringement proceedings concerning EU trade marks.
Blog Post
Powder Power: Charlotte Tilbury succeeds in copyright infringement claim against Aldi
This recent case provides an interesting insight as to how copyright can successfully be used to prevent the sale of copycat products
Blog Post
Do not pass Go, do not collect £200, do not register trade marks in bad faith
In its recent decision, the EUIPO issued a partial invalidation of Hasbro's EUTM registration for MONOPOLY on the grounds of bad faith because the mark covered goods and services which were identical to those covered by three prior registrations made by Hasbro for the MONOPOLY mark.
Blog Post
Supermac's takes another bite out of McDonald's
In another win for Irish company Supermac's in its ongoing war with McDonald's, it has partially invalidated McDonald's EUTM no. 10392835 'Mc' for non-use.
Blog Post
AI-generated inventions: no longer science fiction
The age of machines is truly upon us: for the first time, patent applications are being filed in the name of a non-human (AI) inventor. In this blog we take a look at how patent and other IP law might respond.
Blog Post
High Court rules on Norwich Pharmacal Orders in file sharing cases and the impact of the GDPR
In the recent case of (i) Mircom International Content Management & Consulting Ltd & Others (ii) Golden Eye International and Others v Virgin Media & Another, the High Court considered whether the correct legal approach for granting Norwich Pharmacal Orders in file-sharing cases remained the same as that set out in the 2012 Golden Eye litigation and the effect, if any, of the GDPR. The High Court confirmed that it was the correct approach to follow, but that in the present case, due to a fundamental defect in evidence, the application had to fail. The case also confirms that the regime seems to remain unaffected by the GDPR.
Blog Post
CJEU rules on the scope of the "quotation" limitation to copyright infringement and the application of fundamental freedoms
Before the summer break, the CJEU released its judgment in three copyright cases. This blog will consider the impact of the judgment in the case of Spiegel Online (C-516/17). We have already separately posted blogs on the other two cases: Pelham (C-476/17) and Funke Medien (C-469/17).
Blog Post
CJEU delves into the world of German military reports and questions of copyright
This blog looks at the CJEU's ruling in Funke Medien, one of the trilogy of significant copyright judgments published on the same day. Here the court delves into the world of German military reports, as well as the interplay between copyright and fundamental rights.
Blog Post
Red Bull's race comes to an end
Earlier this week the CJEU rejected Red Bull's appeal to set aside the General Court's judgment confirming the decision to invalidate Red Bull's colour trade mark.