Blog – Page 16 – Martin Husovec

Misleading Ad Copy Examples

Last week Huťko successfully finished his IP distance learning course in order to get to WIPO´s Summer School in Geneva. Inspired by course Huťko decided to share two really nice food examples that were included in the unfair competition module. Dear readers, would you consider following to be misleading according to your national laws? Example

Posted in DE, hosting, ISP, search engines

Search Engine´s Liability by BGH

Huťko assumes that all of his readers are familiar with the case Vorschaubilder I ZR 69/08 handed down by German BGH last month. The case deals predominantly with the copyright issues of the Google´s image search. Inspite of that, this short remark is aimed to address the search engine´s liability part of judgment. Firstly, some

Posted in news

The Blog About Spanish Case Law

Huťko has recieved very delighting email from prof. Dr. Miquel Peguera, PhD. this morning. Mr. Peguera has launched the english version of his information-rich blog focusing on Spanish case law on the ISP liability. Huťko is reading this blog on the regular basis using the Google Translate tool as his Spanish is unfortunately limited to

Posted in CR, free speech, hosting, ISP

The First Czech Ruling Involving the Hosting Safe Harbour

As unbelievable as this may sound, Slovakia and Czech republic still does not have any case law on the liability of ISPs (at least as far as I know). Fortunately, this is about to change. City Court of Prague delivered it´s first instance ruling (10 Cm 47/2009-39) concerning the liability of ISP for the third

Posted in trade marks

My Charts on the Scope of Trademark Holder Rights

I am currently working on a short article concerning keyword advertising. This picture could possibly be it´s attached illustration on the side. Please let me know if you have any suggestions on how to make it more clear for a reader and which of those two would you recommend. or should I use this one

Posted in Court of Justice, EU, ISP, safe harbours

Questions Referred in the Scarlet v. Sabam

Scarlet Extended C-70/10 already known as Scarlet v. Sabam case has it´s referred questions on the Curia website already. They are same as 1709 blog previously reported. However, now with the assigned number at least a bit further on it´s 17 months way (average time before CJ) to the arrival of the final decision. Making

Posted in copyright, Court of Justice, CR, EU, search engines, SK

Limitations in the European Copyright Code

I´m sure everybody heard of European Copyright Code (ECC) being published last week. Exceptional European intellectual property scholars participated at this work. Hence the ECC is neat, precise and inspiring altogether. I would like to focus on the Limitations part of it in this post. More specifically on the Article 5.5 “Further Limitations”. Any other

Posted in copyright, CR, mylife, search engines, SK

My Thesis about the Copyright and Internet Search is Ready for the Thesis Defence

I have to say, i almost hated this piece before today´s final submitting. I guess it´s a usual experience of each author, isn´t it ? So, for all of you my folks interested in copyright limitations and exception from Czech and Slovak perspective (mostly), please refer to my thesis The legal aspects of search engines.

Posted in CR, domain names, intellectual property

Domain name = know-how ?

The Supreme Court of Czech republic ruled that domain name is know-how under Czech civil law (using same legal basis as Slovak civil law has). Moreover Supreme Court held that domain name is the result of author´s own creative intellectual activity . Which obviously is just wrong, wrong and wrong. Please

Posted in Court of Justice, safe harbours, search engines, trade marks

The Court of Justice Speaks Out on the AdWords

Though there are plenty of duties i should be carrying out at the moment, i had to read the Luis Vuitton vs. Google C-236/08 decision from this morning. It conveys new thoughts on the trade mark but also on the e-commerce law. Therefore making it a landmark decision in the field. I wouldn´t express it