25 July 2018 marks a new episode in the Heks’nkaas saga. After tumultuous court proceedings at the national level and before the European Court of Justice, Advocate General M. Wathelet delivered his opinion in this controversial copyright dispute that is now pending before the Court of Justice of the European Union (CJEU). His opinion can…

The federal district court in Manhattan erred in dismissing copyright infringement claims brought by a group of professional sports photographers against the National Football League (NFL) and its teams, the Associated Press (AP), and Replay Photos, LLC (Replay), the U.S. Court of Appeals in New York City has ruled. The photographers—who had granted licenses for…

The Spanish Supreme Court dismissed the cassation appeal filed by the Spanish affiliate of the American group IMS HEALTH against the judgment of the Provincial Appellate Court of Madrid ordering them to pay damages of 5 million euros for misappropriating and selling part of the content of a database developed by the claimant company. INFONIS,…

This post was first published on the Kluwer Trademark Blog. Earlier this year, the Court of Appeal of Milan upheld a 2015 ruling by the Court of Milan which recognized copyright protection of the concept store of Kiko, the Italian make-up brand, and blocked competitor Wycon from using similar store decor in its shops. (Court…

The Third Circuit affirmed a federal district court’s dismissal of copyright infringement claims by an individual who wrote and produced a three-episode television series titled Cream against the director and producers of the Fox television series Empire. The district court correctly determined that the two shows were not substantially similar as to their protected elements,…

According to the Vienna Commercial Court, YouTube is not a mere host provider. Host providers are privileged, and shall not be liable for information stored if the provider does not have actual knowledge of illegal activity or information, and the provider immediately removes or blocks information when it becomes aware of the illegal content. According…

Although the author of a four-page treatment describing a concept for a television show failed to assert plausible copyright infringement claims against the producers and the creators of the popular musical drama television series “Empire,” the author should have been given permission to amend his complaint, the U.S. Court of Appeals in San Francisco has…

On 18 July, the High Court (Arnold J) in The Football Association Premier League Ltd v British Telecommunications Plc & Ors [2018] EWHC 1828 (Ch) granted an extension of a 2017 order requiring BT and others to block access to streaming services which gave unauthorised access to live Premier League football matches during the 2018/19…

Internet access providers should be compensated for website blocking requested by IP right owners. In a nutshell, this is what the Supreme Court of the United Kingdom ruled back in June. The entire saga, however, has much wider implications and should be properly considered beyond the UK borders. Background The Cartier case arose from a…

The federal district court in Portland, Oregon, erred in declining to award attorney fees to a film distributor as the prevailing party in a copyright infringement suit against a BitTorrent peer-to-peer network user who had stipulated to judgment of infringement, the U.S. Court of Appeals in San Francisco has ruled. The district court abused its…