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18 May 2023, 9:30 pm
And Greg Ablavsky has recently emphasized that American lawyers could not afford to ignore Spanish, French, or Mexican property law. [read post]
25 Jul 2018, 4:00 pm
Earlier today, Judge Messitte of the Maryland federal district court ruled that the "Emoluments Clause" case - the nicely-captioned DC & State of Maryland v. [read post]
15 Apr 2021, 11:38 pm
"In late March, I was wondering whether the DOJ and the FTC would continue to fundamentally disagree on the application of antitrust law to SEP abuse, given that the FTC didn't seek a Supreme Court review of the Ninth Circuit's FTC v. [read post]
29 Jan 2025, 4:00 am
The leading case is Train v. [read post]
8 Apr 2019, 4:32 pm
In the UK, the High Court ruled in the Adam Ant case that “[f]acial make-up was not a painting within section 3 of the Copyright Act” [referring here to the 1956 Copyright Act, which was subsequently repealed and replaced by Section 4 of the CDPA] (see Merchandising Corporation of America v Harpbond [1983] FSR 32). [read post]
2 Nov 2022, 8:20 pm
The paper may pertain to any topic related to intellectual property law, and may be submitted in French or English. [read post]
16 Jun 2024, 10:02 am
In this sense, decisions like those of the US Copyright Office in Zarya of the Dawn [IPKat here] and the Beijing Internet Court in Li v Liu [IPKat here] are helpful. [read post]
5 Oct 2018, 5:52 am
Before I'll share the latest documents and observations relating to the FTC's motion for partial summary judgment on Qualcomm's obligation to grant standard-essential patent (SEP) licenses to rival chipset makers, an update on Qualcomm's attempts to gain leverage over Apple (and, by extension, Intel) through injunctive relief in Germany:In Wednesday's "Mannheim Steamroller" post, I've meanwhile corrected a typo: I obviously meant to say that the Mannheim… [read post]
15 Nov 2019, 3:00 am
Sometimes elegance is refusal.The average consumer and the nature of the purchasing actAs per Sabel BV v Puma AG, the average consumer normally perceives a trade mark as a whole and does not proceed to analyse the various details. [read post]
5 Feb 2015, 8:11 am
A little over a year ago we left Case C-383/12 P Environmental Manufacturing LLP v Office for Harmonisation in the Internal Market, Société Elmar Wolf – reported here in the IPKat – and the Court of Justice making it clear to the General Court that 'what it said explicitly was what it meant'. [read post]
13 Jun 2014, 2:58 am
A few hours before the World Cup’s kick-off match, the General Court wrote another Chapter of the “R10” saga, concerning a trade mark related to one of the funniest Brazilian football players ever [Case T‑137/09 RENV, Nike International Ltd v OHIM, available in Frenchand Spanish]. [read post]
25 Sep 2016, 12:40 am
In its much awaited judgment in the Delhi University photocopying case (The Chancellor Masters and Scholars of the University of Oxford v. [read post]
9 Jul 2020, 5:13 am
In a recent victory for free speech and the Internet, EFF helped to strike down core provisions of a French bill meant to curb hate speech, arguing that it would unconstitutionally catch legal speech in its net. [read post]
26 Mar 2014, 4:30 am
And now on to our little time-capsule case, Swisher v. [read post]
21 Jan 2020, 7:27 am
Chapter 7 analyzes Itar-Tass Russian News Agency v. [read post]
13 Nov 2012, 2:35 pm
It may remain stored, but not indexed; No judicial review of the justification for the surveillance; No notification to individuals incidentally or mistakenly monitored; Very difficult to impose consequences for violating the FAA, see e.g. government’s argument in Amnesty v. [read post]
UK court discusses copyright protection of fictional characters and defences for parody and pastiche
9 Jun 2022, 1:41 am
In a judgment handed down yesterday - Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) - the Intellectual Property Enterprise Court (IPEC) answered 'yes' and applied guidance derived from EU law, including the decision of the Court of Justice of the European Union (CJEU) in Cofemel (Katposts here).Let's see what happened.BackgroundOnly Fools and Horses (OFAH) is a successful BBC TV series that ran between 1981 and 1991, with also some Christmas… [read post]
22 Nov 2015, 9:48 am
It dives into the history of the 1909 Copyright Act and the resulting Herbert v Shanley Co. [read post]
29 Nov 2013, 5:10 am
Similarities can be drawn with the recent case of Fenty v Arcadia Group Brands Ltd (t/a Topshop) [discussed by the IPKat here] in which the pop star Rihanna succeeded in her claim for passing off against the retail moguls Topshop, who used her image on a T-shirt without her permission (although Topshop thought they were on solid ground by getting a licence from the photographer to use the picture). [read post]
12 Mar 2014, 12:55 pm
Topics to be touched upon include the effect of the Supreme Court decision in Lucasfilms v Ainsworth, whether barristers should ditch their wigs in favour of the rather more egalitarian headgear illustrated on the right, and lots more besides. [read post]
