EU

Posted in Art. 11 EnforD, Art. 5 TMD, Court of Justice, EU, injunctions, trade mark use, trade marks

Frisdranken Case: Another Bit on ´Intermediary Non-use´ of the Trade Mark
Today, the Court of Justice of the European Union decided very interesting trade mark case – Frisdranken Industrie Winters BV C-119/10, which deals with the question of whether intermediary companies, such as a service provider who, under an order from and on the instructions of another person, fills packaging which was supplied to it by
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Posted in Art. 11 EnforD, Art. 15 EcomD, censorship, Court of Justice, EU, ISP, Liability of ISPs

Thanksgiving gift from Luxembourg – Sabam!
Huťko is very happy to inform you that the Court of Justice of the European Union just rendered its superb decision in Sabam C‑70/10. Not only it is favorable to “internet freedoms”, but to Huťko’s great surprise, it is also based on different, but even better reasoning (the court actually discussed the balance between IP-rights
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Posted in copyright, Court of Justice, EU, InfoSocD, US

Functionality & Expression-Idea Dichotomy Under New European Doctrine of ´Work´
Some of readers might be aware of a pending copyright case Oracle v. Google in the United States. It looks like Oracle is trying to rely on copyright protection of the following subject matter (quoted from Groklaw): .. its “selection, arrangement and structure” of elements in the APIs described by the 37 API specifications ..
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Posted in actual knowledge, Art. 11 EnforD, Art. 14 EcomD, awareness, conflicts of laws, Court of Justice, duty of care, EU, injunctions, ISP, Liability of ISPs, Sec. 8 STMA, secondary liability, trade mark use, trade marks

Hidden Gems of L’Oreal v. eBay
Some of you might be wondering why Huťko did not report on two most interesting CJEU cases of this beautiful summer – L´Oréal v. eBay C-324/09 and Interflora C-323/09. The main reason is the complexity of said cases. Summing them up in two separate articles would be just not enough to cover everything. And after
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Posted in copyright, EU, SK

Every Thesis Defended in Slovakia will be Compulsory Published Online
In the end of the last year Slovak parliament passed (and President signed) so called anti-plagiarism amendment of the Act on Schools of Higher Education (hereinafter as “the Act”). This amendment basically legislates that each student of Slovak university have to give his consent (license) to have his thesis published online, otherwise he wont be
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Posted in community involvement, enforcement, EU, intellectual property

Europe Need to Hear Your Voice
There are two important things I would like to draw your attention to. Firstly, prominent European Academics composed a brief letter analysing ACTA provisions and now they are calling for your important assistance. Please take few seconds to symbolically support their effort for balanced IP rights enforcement in EU by signing here. Secondly, European Commission
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Posted in Court of Justice, e-commerce, EU, injunctions, ISP, safe harbours

Scarlet Extended (Scarlet v. Sabam) – the first Hearing Report
Scarlet Extended C-70/10 dealing with the scope of injunctions against the intermediary (filtering methods) is one of the highlights of this year. Thanks to LINX you can now read a report from the very first hearing of this case held before Court of Justice on the 13th of January. Some interesting hints: Chamber – Unknown,
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