Counterfeit goods now account for up to 2.5% of world trade and 5% of imports in the EU and are a significant problem for many industries in a rapidly evolving digital world. As businesses are aware, tackling IP infringements in counterfeit goods by law enforcement alone is not always effective. Therefore, it will be welcome … Continue Reading
Recent jurisprudence rendered by Spanish Courts establishes that in the case of copyright infringement over the internet, it is not necessary to sue the infringer, but rather the IT intermediaries that host the website. The Court of Appeal in Barcelona has now dismissed an appeal filed by several IT companies against the first instance Judgment … Continue Reading
Last month, in a February 8, 2018 Order, the Central District of California vacated its injunction in Greg Young Publishing, Inc. v. Zazzle, Inc., 2:16-cv-04587-SVW-KS, in which Zazzle was “permanently enjoined from infringing any of the exclusive rights in 17 U.S.C. § 106 with respect to Plaintiff’s copyrighted works…” See Permanent Injunction and Order, October 27, 2017. … Continue Reading
On Friday, December 15, 2017, the US Department of Justice and Department of State announced the launch of an IP Law Enforcement Coordinator Network. The Network focuses on international trademark counterfeiting, copyright piracy and other forms of intellectual property rights infringement across the world, spanning all industry sectors. Though the components of the Network are … Continue Reading
Can copyright subsist in the format of a television show? Until recently, the only judicial decision on this question was back in 1989 in a case concerning the well-known talent show ‘Opportunity Knocks’. In that case, Hughie Green, the show’s author, producer and compere, argued that certain distinctive features repeated in every show, including the … Continue Reading
The two year countdown to Brexit has begun. With the clock ticking, there is now a more urgent need for businesses to plan for the impact that Brexit will have on their operations. We have produced an updated briefing for intellectual property owners explaining the likely implications for their EU-wide IP protection, particularly where there … Continue Reading
On Wednesday, the U.S. Supreme Court issued its ruling in Star Athletica LLC v. Varsity Brands Inc., which, in the Court’s words “resolve[s] widespread disagreement over the proper test” for determining when “the design of a useful article is eligible for copyright protection.” Slip Op. at 1. Varsity Brands, a cheerleading uniform manufacturer, filed the … Continue Reading
In May 2016 we reported an important change in UK copyright law. The repeal of section 52 of the Copyright Designs and Patents Act 1988 removed an exception from UK law that when a work protected by artistic copyright has been exploited industrially (by making and selling more than 50 copies) the copyright term is … Continue Reading
Duran Duran’s loss of a recent High Court case emphasises the importance of taking foreign law advice when dealing with IP rights that exist outside the UK. The ruling means that Duran Duran are unable to regain the US copyright for 37 songs, including “Rio”, “Hungry Like a Wolf” and “Is There Something I Should … Continue Reading
Our appetite for data has, arguably, never been greater. The advent of mobile technology has only fuelled that appetite by allowing us to consume increasing amounts of data on the move on our smartphones and tablets. For many of us, our smartphone is our primary source of data. A recent survey found that 82% of … Continue Reading
Following the uncertainty created by earlier rulings, the Court of Justice of the European Union (CJEU) has handed down another judgment on when hyperlinking will be unlawful. The ruling focuses on Article 3(1) of the InfoSoc Directive and, in particular, the meaning of “communication to the public”. The question before the Court was – when … Continue Reading
On 19 July, we ran a webinar for clients entitled ‘Brexit: What could happen to my IP rights?’ We considered how IP protection in the UK will be affected by Brexit and discussed how IP filing and management strategies might be adapted now. The webinar was well attended and client feedback was that it had been … Continue Reading
The UK’s withdrawal from the EU has significant implications for IP protection in the UK. EU rights, including the EU trade mark, will no longer cover the UK, pan- European injunctions will not be available, or effective in, the UK and the UK could be left outside the new Unitary Patent regime. We are holding … Continue Reading
The UK electorate has decided that the UK should leave the European Union (EU). The referendum does not take immediate effect. Current EU law and EU-wide rights, for example, the EU trade mark and the registered Community design, will continue to apply until the withdrawal from the EU actually happens. The process of leaving the … Continue Reading
This morning, the Supreme Court issued its most recent ruling in Kirtsaeng v. John Wiley & Sons, Inc., unanimously holding that the “objective reasonableness” of an unsuccessful litigant’s position should be accorded “substantial weight” when awarding attorneys’ fees in copyright cases. The Court, however, also noted that this factor is not dispositive and district courts … Continue Reading
The UK government has announced its intention to increase the maximum custodial sentence for online copyright infringement from two years to ten years. This will match the current maximum sentence for copyright infringement in physical goods. Maximum sentence The government first consulted on this proposal in July 2015. The overwhelming majority of respondents were against … Continue Reading
With the UK’s referendum on membership of the EU now just a month away, the focus is on what the likely impact of a Brexit would be. We have prepared an article summarising the impact a Brexit would have on the protection and enforcement of intellectual property rights in the UK. This will be relevant … Continue Reading
The UK government has confirmed that section 52 of the Copyright Designs and Patents Act 1988 will be repealed with effect from 28 July 2016. By this date, businesses that trade in replica goods in reliance on s52 will need to have depleted their stocks and adapted their business model. Section 52 Section 52 provides … Continue Reading
The Court of Justice of the European Union (CJEU), Europe’s highest court, has been advised to rule that providing hyperlinks to freely accessible copyright protected content placed on the internet without the author’s consent should not be copyright infringement (GS Media v (1) Sanoma (2) Playboy Enterprises (3) Britt Dekker). The facts of the GS … Continue Reading
Since at least the 1950s, humans have taken an interest in the claimed artistic abilities of animals. Give a primate a paintbrush, and you may get a masterpiece in abstract creativity. Train an elephant to hold a paintbrush in its trunk, and you may even get a self-portrait. But who owns the copyrights to these works … Continue Reading
Do you remember hearing the phrase “don’t rely on your parents to do your dirty work”? The district judge in a recent DMCA case may have had this principle in mind when he held that a website owner could not rely on its parent company’s DMCA agent designation to shield itself from a copyright infringement claim. The … Continue Reading
In a recent decision, the U.S. Court of Appeals for the Ninth Circuit held that a certain yoga sequence developed by legendary yoga teacher Bikram Choudhury was not eligible for copyright protection. The Court’s decision was based on the fundamental copyright principle known as the “idea/expression dichotomy,” which states that copyright protection is limited to … Continue Reading
Not everyone knows that the U.S. Copyright Act contains “mandatory deposit provisions,” which require that copies of most copyrighted works be sent to the Copyright Office. Those who are aware of these provisions may believe that they only apply to works that are the subject of a federal copyright application. Although a common misconception, this … Continue Reading
Profitable companies may be considering how to invest their extra dollars. “Investing in IP is a good choice,” says Squire Patton Boggs attorney Bryan Sims, who authored a blog titled “Ready For Investment? Three Reasons Why IP Matters.” Bryan gives three reasons why investing in IP makes sense. First, the IP rights that are generated from innovation … Continue Reading
