Search for: "Eleonora Rosati"
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1 Nov 2017, 2:49 am
Posted by Eleonora Rosati to the IPKat On 19 October last IPKat and the British Literary and Artistic Copyright Association (BLACA) partnered once again and organised a panel discussion on the implications that the departure of the UK from the EU (aka 'Brexit) will have on UK copyright law.Moderated by myself, the panel featured Sir Richard Arnold (High Court Judge, Chancery Division), Nicholas Saunders (Barrister, Brick Court… [read post]
17 Mar 2020, 12:00 am
See free IP educational materials shared by Kat Eleonora Rosati, here.For discussion of relevant educational copyright exceptions in South Africa, see here. [read post]
1 Apr 2020, 2:41 am
Stay-down / Keep-down Duties for Hosting Providers Switzerland is not a member state of the EU and is not bound by the DSM Directive, in particular its Article 17 (see Eleonora Rosati's Katpost here). [read post]
10 Dec 2019, 12:20 am
EUIPO (C-702/18), where he suggested that the possibility of submitting new arguments and evidence before the General Court in trade mark opposition proceedings could be broadened.Katfriend Deborah Vincze provides a summary of the final implementation in France of Directive 2015/2436 on trade marks.GuestKat Nedim Malovic examines a recent decision of the Fourth Board of Appeal, which found likelihood of confusion between two figurative marks of whales on the… [read post]
11 Feb 2019, 9:36 am
” Fellow Kat Eleonora Rosati has deliciously dissected the decision of the CJEU, here (lucky for the case that it was not a slab of meat) and Kat readers can decide for themselves whether a furrowed brow is appropriate. [read post]
26 Dec 2019, 5:30 am
Paris Court of Appeal confirms that Koons’s 'Naked' sculpture infringes copyright in 'Enfants' photograph, rejecting freedom of the arts and parody defencesBy Eleonora Rosati writing for the IPKat and first published on the IPKat here Last week, the Paris Court Appeal ruled (decision No 152/2019) in favour of the estate of late French photographer Jean-François Bauret in proceedings brought against, inter alia, US artist Jeff Koons (an artist… [read post]
3 Dec 2019, 12:25 am
Alex Woolgar provided further details.Kat Eleonora Rosati examines copyright protection available to fictional characters and the extent to which it could go, looking at the meaning of a 'work' that is sufficiently 'original' and of the 'right kind', as well as how many and which copyrights it would be entitled to.PatentsGuestKat Rose Hughes discusses the high-profile CRISPR patent dispute relating to the EPO interpretation of… [read post]
1 Nov 2019, 1:17 am
Kat Eleonora Rosati reports on the reappearance of the Rubik's cube in the General Court, which confirmed the cancellation of the EUTM consisting of the shape of the Rubik's cube.GuestKat Antonella Gentile examines the Opinion of AG Kokott in T-766/18 P, concerning the EU trade mark for Halloumi, where the distinctive character of collective and geographic collective trade marks and their interplay with geographical indications was considered.IP Education SeriesThe IP… [read post]
11 Oct 2017, 3:16 pm
According to the German Federal Court of Justice (Bundesgerichtshof - BGH), the answer is NO – IPKat Eleonora Rosati brings a timely and clear (as always) summary of the very recent judgment I ZR 11/16 - Preview III.Life as an IP Lawyer: Washington, D.C.How is an IP Lawyer's Life in DC! [read post]
22 Dec 2021, 2:35 am
For a deeper analysis, see Eleonora Rosati’s Katpost here.Applying this to the assessment of copyright protection of the character Keyser Söze as only literary described through the dialogue between the actors and never visually appearing in the movie, it is tempting to argue that the Keyser Söze character is merely an idea rather than an expression and thus not a copyright-protected character. [read post]
18 Nov 2019, 12:22 am
, Kat Neil Wilkof recalls the singular journey of the term “cutty sark”, which ultimately became the name of a brand of popular Scottish whiskey.GuestKat Nedim Malovic reports on a decision of the Turin Court of First Instance, where Ferrero succeeded in defending its trade mark registrations for its 3D Tic Tac container.When it comes to trade marks, in order to be irreplaceable, one must always be different - this is what Katfriend John Shaw sets out in his analysis of… [read post]
23 May 2017, 11:28 pm
Kat Eleonora Rosati talks about this particularly complex issue, by discussing the relevant case -law and by giving the latest updates, notably about the first 'disintegrating e-book'. [read post]
14 Jun 2017, 1:10 am
First published by Eleonora Rosati on the IPKat Is there a communication to the public within the meaning of Article 3(1) of the InfoSoc Directive by the operator of a website [The Pirate Bay, TPB], if no protected works are available on that website, but there is a system therein by means of which metadata on protected works is indexed and categorised for users, so that these can trace and upload and download the protected works? [read post]
12 Apr 2017, 1:16 am
GS Media and its implications for the construction of the right of communication to the public within EU copyright architecture: a new articleIntelligent Kat Eleonora Rosati’s new article will be published in Common Market Law Review, in which she attempts to assess the implications of the GS Media decision: (1) in respect of linking, and - more generally - (2) the construction of the right of communication to the public.Preview of the new Danish trade secrets… [read post]
21 May 2021, 11:00 am
Although their stance, expressed in previous chapters of the Banksy cancellation saga, came under criticism from quarters including PermaKat Eleonora Rosati in the post linked above, the Cancellation Division doubled down. [read post]
31 Aug 2018, 5:13 am
Our own Kat Eleonora Rosati will deliver a talk-- “Branderella: trade marks and fictional characters”. [read post]
16 Dec 2013, 1:23 pm
Reproduction: not just a matter of rights ...The IPKat and his friends on the 1709 Blog were quick off the mark in covering the exciting news from Italy concerning its speedy mechanism for online copyright enforcement: Eleonora Rosati posted "Italian Communication Authority issues online copyright enforcement regulation (at last)" here on the 1709 Blog, while guest blogger Alberto Bellan penned "Italian Communication Authority issues its regulation on (fast-issimo) online… [read post]
15 Nov 2022, 1:14 pm
Do not take it for grantedby Paolo Maria GangiEleonora Rosati explained, on November 11, 2022, in a very good article on this blog, how the Rome Court of First Instance issued an injunction in favour of the Juventus soccer team because “an unauthorized third-party, blockchain-based platform Blockeras, had minted, advertised, and offered for sale NFTs and other digital content relating to images representing said Juventus trade marks, as well as the image of former Juventus footballer… [read post]
16 Sep 2019, 11:57 pm
Copyright -Several breaking news articles on recent CJEU rulings and Opinions were reported by Kat Eleonora Rosati, which included:A recap of last week's posts, in one sweet packageThe much awaited Opinion by Advocate-General Szpunar in the Tom Kabinet case, which advised the CJEU to rule that internet downloads of ebooks are covered by right of communication to the public, not distribution (so there would not be digital exhaustion under the InfoSoc… [read post]
9 Sep 2016, 6:48 am
And JIPLP, 1709 and the IPKAT’s Dr Eleonora Rosati was considering international jurisdiction in the online infringement of EU trademarks.Theodore Koutmeridis, from the University of Glasgow, presented a survey of evidence-based studies that examine copyright and digital innovation within the creative economy. [read post]
