Monday, January 13, 2020
Copyright exhaustion does not apply to e-books, whose resale is to be considered as a communication to the public – pursuant to art. 3 of Directive EC 2001/29 - not as a means of distribution of the work – under art. 4 of the same directive.
Friday, January 10, 2020
A mark including a superlative found infringed by a mark with the same superlative and other aspects similar to the earlier mark; the bankruptcy of a defendant while a trial is pending involves the inadmissibility of monetary claims against that party within the pending case.
Wednesday, December 11, 2019
CJEU, C-432/18: the PGI “Aceto Balsamico di Modena” is protected as a whole. Hence, the common terms “aceto” and “balsamico” of said PGI do not enjoy individual protection - 4 December 2019.
Friday, December 6, 2019
AG Campos Sanchez-Bordona suggests a distinction between electronic intermediaries based on their actual involvement: exempting from liability custodians carrying out ancillary activities, provided they do not intervene in the infringement knowingly or with reasonable grounds to be aware of it, whilst not exempting subjects practically involved in putting third parties vendors’ goods on the market.
Thursday, November 21, 2019
The Court of Turin issued a EU cross-border injunction within preliminary proceedings, concerning C&D letters sent to the EU distributors of an Italian company, for the alleged infringement of design and trademark rights.
Friday, October 25, 2019
National legislation providing that a party shall not be compensated for losses caused by provisional measures, which it has suffered because it did not act as may generally be expected, is not precluded, regardless of the fact that the patent on the basis of which the provisional measure had been granted has subsequently been found to be invalid. However, when making its assessment, the national court must be allowed to take into account the objective circumstances of the case, including the conduct of the parties.
Thursday, October 24, 2019
A.G. Tanchev issued its opinion in case C-371/18 (‘Sky’), originating from a preliminary ruling on the implications of a registered mark’s specification lacking clarity and precision, suggesting that in certain instances, lack of intention to use some of the goods or services may constitute an element of bad faith.
Tuesday, October 8, 2019
Courts and administrative authorities of the Member States can issue orders against host providers, with effects worldwide, requiring that content that is identical or equivalent to those previously declared illegal be removed.
Monday, October 7, 2019
CJEU, C-507/17: EU law requires the operator of a search engine to carry out a de-referencing procedure on the versions of its search engine that correspond to all the Member States
Tuesday, October 1, 2019
In case C-683/17 ("Cofemel"), the Court of Justice ruled on the definition of a work under Directive 2001/29/EC and on the criteria for the possible cumulation of design and copyright protection. For additional info, click on READ MORE.