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8 May 2022, 1:43 am
Photo on lower center is from the Bundesarchiv Bild 183-61623-0009 / Wendorf and is licensed under the Creative Commons Attribution-Share Alike 3.0 Germany license. [read post]
3 Feb 2023, 3:30 am
A class action (Andersen and Others v Stability AI Ltd and Others, Case 3:23-cv-00201, filed 13 January 2023) has been in fact recently filed before the US District Court for the Northern District of California, alleging infringement of copyright in the development and functioning of AI image generator Stable Diffusion [see also IPKat here].In other legal systems, specific E&L relating to content to which lawful access has been secured have been adopted instead. [read post]
10 Oct 2023, 5:19 am
" KME Germany GmbH v. [read post]
6 Oct 2018, 7:02 am
" And then they quote from a decision the District Court of Massachusetts made in August 2016 in Esoterix v. [read post]
13 Jun 2013, 8:06 am
In particular, what was meant by the CJEU in Case 34/10 Oliver Brüstle v Greenpeace eV [2012] 1 CMLR 41 [discussed here by the IPKat] by the expression "capable of commencing the process of development of a human being"? [read post]
12 Aug 2019, 2:00 am
Kraftwerk brought the action against hip-hop producers Moses Pelham and Martin Haas in 1999 over the Sabrina Setlur track “Nur Mir”, which revolves around a two-second snippet of Kratfwerk's “Metall auf Metall” used as a loop.In 2012, Germany's Federal Court Of Justice found in favour of Kraftwerk, in part on the basis that Pelham could have easily recreated the sound he sampled, so clipping the snippet out of 'Metal On Metal' was just… [read post]
4 Feb 2013, 2:53 pm
With a delay of a few days due to a busy schedule and other circumstances I now finally find the time to report on a Huawei v. [read post]
30 Jul 2020, 1:32 pm
In the case at hand, Hugo Boss was able to demonstrate – by means of sales figures, marketing expenditure, and independent sources such as various surveys, studies and sponsorships – that its mark enjoys a high degree of recognition amongst the relevant public in Germany and in the EU for certain goods in Class 25. [read post]
4 Sep 2023, 12:00 pm
And although the economic literature tends to focus on the role trade secrets play in technical innovation, the report noted that trade secrets litigation tends to concern litigation over commercial information rather than technical information (read: customer lists that former employees take with them with a Ctrl X and a Ctrl V when jumping ship). [read post]
22 Feb 2013, 1:00 am
This morning the Mannheim Regional Court ordered a stay of a Samsung v. [read post]
14 Mar 2022, 7:31 am
In the United States, this month's Fifth Circuit decision in Continental v. [read post]
2 Aug 2021, 1:55 am
More specifically, Ferrari claimed design rights in—‘the V-shaped element on the bonnet, the fin-like element protruding from the centre of that element and fitted lengthways (the ‘strake’), the front lip spoiler integrated into the bumper and the vertical bridge in the centre connecting the spoiler to the bonnet’ (para. 23 of the AG Opinion, see below the illustration that was included in the Bundesgerichtshof submission, but did not appear in the original… [read post]
25 Apr 2013, 10:31 pm
In the previous post I published and reported on Judge Robart's historic FRAND rate-setting decision in the Microsoft v. [read post]
29 Jan 2014, 7:37 pm
In U.S. federal court, it's not impossible but certainly rather difficult to satisfy the eBay v. [read post]
2 Jan 2013, 3:33 pm
The decision in question is Case C‑534/10 P Brookfield New Zealand Ltd, Elaris SNC v Community Plant Variety Office (CPVO), Schniga GmbH. [read post]
27 Jan 2015, 10:16 am
http://www.hollywoodreporter.com/thr-esq/12-years-a-slave-draws-767183 and http://www.thesun.co.uk/sol/homepage/showbiz/bizonsunday/6294030/Sam-Smith-settles-up-royalty-dispute-with-Tom-Petty-and-Jeff-Lynne.html and for more on the UK's position on 'casual connection see Francis Day & Hunter v. [read post]
29 Nov 2022, 1:11 am
Interviewees recall how the authorities of Hesse region in Germany were the main promoters of PDO “Odenwälder Frühstückskäse”. [read post]
10 Sep 2018, 11:35 pm
While a limited number of Member States in the EU has already introduced (UK, France, Germany and Estonia: see here) or is planning to introduce (eg Ireland, on which see Katposts here and here) a specific text and data mining exception, in the context of the current copyright reform debate, a provision (Article 3) has been included in the draft Directive on copyright in the Digital Single Market. [read post]
11 Oct 2017, 4:54 am
In Teresa Scassa, University of OttawaIn Keatley Surveying Ltd. v. [read post]
4 Sep 2022, 9:18 am
Further information about the 2022 Conference Program and registration can be found here.COMMUNIA and Gesellschaft für Freiheitsrechte - Filtered Futures: Fundamental Rights Constraints of Upload Filters after the CJEU Ruling on Article 17 of the Copyright Directive - 19 September 2022 - Berlin, Germany and onlineCOMMUNIA and Gesellschaft für Freiheitsrechte are jointly hosting the conference “Filtered Futures: Fundamental Rights Constraints of Upload Filters after the CJEU… [read post]
