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IP snapshot - October 2012

CMS Cameron McKenna
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European Union, Spain, United Kingdom
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November 29 2012

In order to prove genuine use of a trade mark, a proprietor may rely on use of a form which is different from that registered, if the differences between the two forms does not alter the distinctive character of the trade mark

Luxury car “not a prize” if winner has to buy a bus ticket to collect it, CJEU claims

CMS Cameron McKenna
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European Union, United Kingdom
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November 20 2012

In August 2011 the Court of Appeal referred the case of Purely Creative and Others v. Office of Fair Trading to the CJEU for a preliminary ruling on the interpretation of paragraph 31 of Annex I to Directive 200529EC concerning unfair business-to-consumer commercial practices (the “Unfair Commercial Practices Directive”

The final score on database rights

CMS Cameron McKenna
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European Union, United Kingdom
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October 23 2012

The Court of Justice of the European Union (CJEU) has given a ruling on questions of database right infringement referred to it by the Court of Appeal

CMS quarterly communications update April 2012

CMS Cameron McKenna
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Austria, Bulgaria, European Union, Germany, Global, Hungary, Iran, Italy, Poland, Serbia, Spain, Switzerland, Ukraine, United Kingdom
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April 30 2012

This edition includes contributions from the United Kingdom, Austria, Bulgaria, Germany, Hungary, Italy, Poland, Serbia, Spain, Switzerland and Ukraine

Free for all on football fixture lists

CMS Cameron McKenna
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European Union, United Kingdom
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March 2 2012

The CJEU has confirmed that copyright protection for football fixture lists as databases is not possible where skill and labour has been expended only in the creation of the lists, rather than in the selection or arrangement of data

Technology annual review of 2011

CMS Cameron McKenna
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European Union, United Kingdom
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February 29 2012

The year began as it meant to go on - with a high profile patent dispute in the mobile phone sector decided in the Court of Appeal

IP snapshot

CMS Cameron McKenna
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European Union, United Kingdom
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December 23 2011

Advocate General Bot has issued his opinion regarding the scope of protection conferred by copyright on computer programs in Case C-40610 SAS Institute Inc v World Programming Ltd, a referral from the High Court

CJEU decision finds that requiring ISPs to filter content is illegal

CMS Cameron McKenna
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European Union
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November 28 2011

The case of Sabam v Tiscali in the Belgian courts in 2007 addressed whether the court should grant injunctive relief to SABAM (the Belgian Society of Authors, Composers, and Publishers) against the Internet Service Provider (“ISP”), Tiscali, imposing an obligation on the ISP to stop infringements of SABAM’s intellectual property by making it impossible for Tiscali’s users to use “peer-to-peer” (“P2P”) software to transmit infringing files containing musical compositions