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Results: 1-10 of 31

CJEU rules on copyright protection of photographic portraits

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 29 2012

In Case C-14510 Eva-Maria Painer v Standard Verlags GmbH 1 December 2011, the Court of Justice of the European Union (CJEU) held that portrait photographs enjoy the same copyright protection as any other work

Further CJEU guidance on keyword advertising and trade mark infringement

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In (1) Interflora Inc. (2) Interflora British Unit v (1) Marks & Spencer plc (2) Flowers Direct Online Ltd, Case C-32309 (22 September 2011), the Court of Justice of the European Union (CJEU) has provided further guidance on circumstances in which use of a registered trade mark as a keyword by a third party advertiser may constitute trade mark infringement

The European General Court decides only visible parts determine overall impression

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

In Kwang Yang Motor Co Ltd v OHIM Cases T-1008 and T- 1108 9 September 2011 (unreported) the European General Court (GC) held that a design that constituted a component part of a complex product could only be considered to have individual character if the component part remained visible during normal use and fulfilled the requirements as to novelty and individual character

Bezpečnostni softwarová asociace-Svaz softwarové ochrany v Ministerstvo kultury: copyright in a graphic user interface

  • McDermott Will & Emery
  • -
  • Czech Republic, European Union
  • -
  • February 28 2011

The European Court of Justice has ruled that the graphic user interface (GUI) of a computer program is not protectable under the Software Directive (91250EC) but may be a copyright work in itself

Registrability of marks containing geographical indications of origin

  • McDermott Will & Emery
  • -
  • European Union, Finland
  • -
  • November 3 2011

“Cognac” as a geographical indication (GI) cannot be used in a trade mark of a spirit drink not covered by that GI, as the commercial use of such a mark would harm the protected indication

CJEU considers effect of honest concurrent use in Budweiser reference

  • McDermott Will & Emery
  • -
  • European Union, United Kingdom
  • -
  • November 3 2011

In Budějovický Budvar, národní podnik v Anheuser-Busch, Inc, C- 48209 (22 September 2011), the Court of Justice of the European Union (CJEU) ruled that both Anheuser-Busch and Budvar can continue to use the BUDWEISER trade mark in the United kingdom as there had been a long period of honest concurrent use

EU enhances copyright protection for sound recordings and songs

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 3 2011

On 12 September 2011, Directive 2011 77 EU, amending Directive 2006 116 EC on the term of protection of copyright and certain related rights (the Directive) was adopted

EU patent package receives a mixed reaction

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • February 29 2012

The Legal Affairs Committee of the European Parliament has backed proposals for the new “EU patent package”, consisting of a unitary patent, language regime, and unified patent court

The protection of football fixture lists under the EU Database Directive

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • March 30 2012

On 1 March 2012, the Court of Justice of the European Union passed judgement on Football Dataco Ltd v Yahoo! UK Ltd 2012 CJEU C-60410, concluding that the football fixture lists in question are not protected by copyright as there is insufficient intellectual creation on the part of the author

General Court upholds OHIM refusal of CTM application for shape of loudspeaker

  • McDermott Will & Emery
  • -
  • European Union
  • -
  • November 29 2011

In Bang & Olufsen AS v OHIM T-50808 6 October 2011 (unreported), the General Court upheld a decision by the Office of Harmonization for the Internal Market (OHIM) refusing Bang & Olufsen’s Community trade mark (CTM) application for the shape of a loudspeaker, on the grounds that the mark consisted exclusively of the shape, which gave substantial value to the goods