In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/uk-court-discusses-copyright-protection.html Derek “Del Boy” Trotter (fictional) Can a fictional character be protected as a self standing copyright work? If so, what is the test to be applied? In a judgment handed down yesterday – Shazam v Only Fools The Dining Experience and Others [2022] EWHC 1379 (IPEC) – the Intellectual... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/guest-post-news-in-youtubecyando-german.html The YouTube/Cyando referrals kept EU copyright lawyers busy for a long time (Kat-coverage here). After last year’s ruling of the Court of Justice of the European Union, the ball was back in the (literal) court of Germany’s Federal Court of Justice (BGH). A few days ago, the BGH had... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/all-i-want-for-christmas-iseveryone-to.html Readers may have seen that the media have picked up on a claim made against Mariah Carey for copyright infringement by her infamous song “All I Want for Christmas is You“. Just in case there was any doubt in readers’ minds, here are the reasons why this Kat believes... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/ubisofts-for-honor-loses-trade-mark.html Enter the world of online gaming and you will most likely discover games such as Ubisoft’s Assassin’s Creed, Watch Dogs, and Far Cry. When I played Ubisoft’s For Honor in 2017, I chopped, smashed, and stabbed more medieval bodies than I could ever image, but little did I know... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/in-victory-you-deserve-champagne-pdo.html When does a third-party sign unlawfully evoke the denomination “Champagne”? The Barcelona Appeal Court recently weighed in on the question in the latest stage of the multi-year litigation between PDO “Champagne” and a Spanish tapas bar “Champanillo” (case SAP B 2691/2022). The court found that “Champanillo” is an evocation of... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/uk-samsung-liable-for-trade-mark.html A recent judgment that caught this Kat’s attention was delivered by the High Court of England & Wales further to a trade mark infringement claim brought by members of the Swatch group of watch makers against Samsung (Montres Breguet S.A. and others v Samsung Electronics Co. Ltd. and Samsung... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/after-michael-jordan-new-typical-case.html On the topic of unauthorized use of a celebrity’s image, readers might recall the IPKat post covering the high-profile Michael Jordan case in China in 2017. Regarding the monochrome red-coloured silhouette of, let’s say, an unspecified person, this Kat commented as follows: Iconic scene of 2017 China IP Without... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/ag-szpunar-advises-cjeu-not-to-extend.html Gigi was also awaiting her delivery … Is the operator of an online marketplace (more specifically: a hybrid marketplace, which also provides logistics assistance to third-party sellers through a fulfilment programme) using third-party trade marks itself, in accordance with Article 9(2) EUTMR, when it displays, on its marketplace, advertisements... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/06/hong-kong-copyright-amendment-bill-2022.html Readers may recall that the Government of Hong Kong launched a 3-month consultation on updating Hong Kong’s copyright regime on 24 November 2021 (see here). Following this consultation, the Government reported that the Copyright (Amendment) Bill 2022 was gazetted on 27 May 2022 (last Friday). A copy of the... Continue reading
In: The IPKat BLOG
http://ipkitten.blogspot.com/2022/05/around-ip-blogs_31.html One week is over and the next one has just begun. Perfect timing to take a look at what the surrounding blogs have posted over the past few days! “Cat in the Box” by admiller is licensed under CC BY 2.0. TRADE MARKS The impact of Brexit on trade mark cases involving... Continue reading
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