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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
CJEU judgment on jurisdiction for Football Dataco v Sportradar
- Mayer Brown LLP
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- European Union
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- October 25 2012
Last week the Court of Justice of the European Union (CJEU) ruled that where a website operator targets and then provides material infringing sui generis database rights to recipients based in an EU Member State over the internet, the act of infringement occurs at least in the EU Member State where those recipients are located
CJEU provides clarity on the sending and receiving of data
- Wragge & Co LLP
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- European Union
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- October 24 2012
The Court of Justice of the European Union (CJEU) has provided guidance on whether website use of the content of a database protected by the sui generis database right amounts to 'extraction' or 're-utilisation' for the purpose of assessing infringement. It has also confirmed where that use is to be regarded as having taken place
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
Short sports broadcast clips
- Hogan Lovells
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- Austria, European Union
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- November 28 2011
On 10 September, the European Official Journal published a notice of a case brought in June 2011 to the European Court of Justice (ECJ) concerning whether the provision of the Audiovisual Media Services Directive (AVMS Directive) that makes short news clips virtually free violates fundamental property rights
ECJ rules that prohibitions on sale and use of foreign TV decoder cards for viewing football matches breach Article 101 TFEU and freedom to provide services
- Squire Sanders Hammonds
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- European Union, United Kingdom
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- November 3 2011
On 4 October 2011, the European Court of Justice (the ECJ) gave its ruling on questions referred from the England and Wales High Court, in relation to the use of foreign satellite decoder cards for the broadcast of English Football Association Premier League matches
Pub landlady obtains landmark ruling of ECJ over right to use foreign decoder to show football matches
- Jones Day
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- European Union, United Kingdom
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- October 26 2011
In its judgment delivered on October 4, 2011, the ECJ declared that the English Premier League's business modelwhereby the rights to broadcast Premier League matches are sold to different companies on a country-by-country basisis in contradiction to the principle of the single European market
Premier League broadcast tactics ruled off-side by ECJ
- Mayer Brown LLP
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- European Union, United Kingdom
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- October 14 2011
The Court of Justice of the European Union (ECJ) has delivered a landmark ruling which could substantially change the business models of broadcasters and content providers and reshape the way that live sports events and other media events are offered to consumers across Europe
Why the FA Premier League may yet win on away goals
- RPC
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- European Union, United Kingdom
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- October 13 2011
On 4 October 2011, the Court of Justice of the European Union (CJEU) handed down its judgment on the legality of the licensing agreements entered into by the Football Association’s Premier League (FAPL) for the broadcast of live matches
Sale of decoders for deciphering encrypted foreign broadcasts is legal, rules the Court of Justice of the European Union
- Fasken Martineau DuMoulin LLP
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- European Union
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- October 6 2011
The Court of Justice of the European Union (the "Court") has on Tuesday 4th October 2011 confirmed that the sale in one Member State of decoders designed to decipher encrypted foreign TV broadcasts from another Member State cannot be prohibited in a Member State even if such decoders have been acquired by the purchaser through a false name and address
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