Monkey Snap, Monkey Don't - US Court of Appeals Rules Out Animal Ownership of Copyright in Monkey Selfie Case

Submitted by editor on Thu, 31/05/2018 - 10:13

The rights of animals, whether it is simply to extend human rights to them or even legal rights, are a very contentious and often emotionally charged topic of conversation. A good example of this is the recent monkey selfie legal saga, which grappled with the vesting of intellectual property rights in a monkey (discussed more on this blog here and here). The parties settled the matter out of court late last year, but the Court of Appeals saw to still rule on the matter, irrespective of this settlement (which is within their powers to do).

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Doctor! Doctor! My Trade Mark Opposition has been Dismissed!

Submitted by editor on Thu, 31/05/2018 - 10:02

A Doctor of Law, a Doctor of Rap Music and a Doctor of Medicine walk into a bar trade mark case...

This Kat had to study for her Dr title, unlike Andre Romelle Young who gave himself the stage name Dr Dre. The world- famous rapper and producer, recently failed to oppose the application of a trade mark filed by medical Doctor Draion M. Burch. Here's what happened:

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When is a decision on its merits not over? When Sky v SkyKick leaves rights holders in limbo

Submitted by editor on Thu, 31/05/2018 - 09:55

In the case of FIL Ltd & Anor v Fidelis Underwriting Ltd & Ors [2018] EWHC 1097 (Pat), the Patents Court has held that use of 'Fidelis' for insurance underwriting does not infringe FIDELITY for 'insurance services' or 'financial services'. However, perhaps more troubling for the claimant and for other rights holders is that the continued existence of their trade marks rests upon the outcome Arnold J's reference to the CJEU in Sky v SkyKick [2018] EWHC 943 (Ch)

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Coreper Agrees Common Position on Text of Draft DSM Directive

Submitted by editor on Thu, 31/05/2018 - 09:41

After months of discussion, yesterday the Council's permanent representatives committee (Coreper) agreed a common position on the text of the draft Directive on Copyright in the Digital Single Market (DSM Directive).

The text thus approved will serve as a mandate for the presidency of the Council [currently Bulgaria, but Austria as of 1 July] to start negotiations with the European Parliament, once this has also agreed its own position.

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German Court: TV Show May not Use 'Bloopers' from Other Network Without Permission

Submitted by editor on Sun, 27/05/2018 - 09:44

In a judgment dated 20.04.2018 (case No. 6 U 116/17), the Higher Regional Court of Cologne found that short video clips taken from other networks' TV shows for entertainment purposes are not permissible as a parody or a quotation and thus need to be licensed.

NDR, a German public broadcaster,had created a series of TV shows titled 'Top Flops'. The show featured 'funny' sequences ('bloopers') taken from various other programs, including shows belonging to RTL's commercial television network.

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Can YouTube be Primarily Liable for Users' Infringements?

Submitted by editor on Sun, 27/05/2018 - 09:39

Can YouTube be considered primarily responsible (and, therefore, potentially liable) for the making available of user-uploaded content through its platform? In other words: can YouTube be considered as directly making acts of communication to the public?

This is the crucial question Germany's Federal Court of Justice (BGH) will need to address in a case (I ZR 140/15) that was heard last week. The decision is due on 13 September.

The case

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Crocs Loses EU Court Battle Over Patent Claim

Submitted by editor on Wed, 23/05/2018 - 10:58

Crocs, the manufacturer of a range of plastic clogs, has lost a battle to protect its design from copycats.

Judges in Luxembourg backed a decision by the EU’s intellectual property office (EUIPO) in 2016 to cancel legal protection for the shoe.

The European court of justice agreed that as the clog had made its debut at a boat show in Florida in 2002 and had featured on the company’s website, Crocs was too late when it sought its patent in 2004.

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US Congress Considers Extending Copyright Term

Submitted by editor on Wed, 23/05/2018 - 10:49

A Bill has been put before the US Congress that extends copyright protection for sound recordings (that were fixed before 1972) until 2067. This could mean that sound recordings fixed as early as 1923, would remain out of the public domain for 144 years.

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Two Words Don't Make a Right - The Use of Two Consecutive Descriptive Terms for Goods not Distinctive as a TM

Submitted by editor on Wed, 23/05/2018 - 10:14

Many good things come in pairs, for example, shoes, ear plugs and twins, but sometimes even the best pairing won't be enough. This is the case even with trademarks, where the use of two terms that name or describe goods will be difficult to register. A recent case in the Canadian Trade-Marks Opposition Board considered this issue, and further highlighted that, even though a very novel argument, the marks themselves might not be as novel.

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The Royal Wedding and Intellectual Property Rights... Relax!

Submitted by editor on Sun, 20/05/2018 - 10:14

Global super brand Queen Elizabeth II and members of her family are the subject of worldwide fascination. The forthcoming marriage of Prince Harry and Ms Meghan Markle to be celebrated on 19 May puts intellectual property (IP), branding and image rights in the spotlight. Love them or loathe them, the British Royal Family is a unique selling point of the UK. Business analysts predict a worldwide TV audience of 1 billion, while royalty devotees will inject millions of pounds into the U.K.'s economy.

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