This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get); the author commented on the Advocate General’s opinion here and here. The bike was once protected by a patent and, following its expiry, the defendant (Get2Get) started selling a…

Copyright is an engine for knowledge. Although copyright creates monopolies, it should not be considered as a good in itself, but as a tool which can be used to achieve societally desirable objectives. The U.S. Supreme Court, in a non-traditional 5-4 vote, did just that when – on 20 April 2020, in Georgia vs. Public.Resource.org…

Part I of this post provided an overview of the facts of the case and the recent opinion of AG Campos Sanchez-Bordona. Overall, the opinion is a mixed result. It makes some good points but also some ill-judged ones, and these will be explored in more detail in this post. Let us start with the positive…

This case concerned the famous Brompton bicycle which can be folded to carry away after use (Case C‑833/18, SI, Brompton Bicycle Ltd. v. Chedech / Get2Get). The bike was once protected by a patent and, following its expiry, the defendant (Chedech/Get2Get) embarked on selling a similar bike in Belgium (the designs of the two bikes…

In Response Clothing Ltd v The Edinburgh Woollen Mill Ltd [2020] EWHC 148, His Honour Judge Hacon (“HHJ Hacon”) found that copyright subsisted in a fabric design as a work of artistic craftmanship and that the sale of garments made from such fabric amounted to copyright infringement. The case is an interesting development in English law…

In a recent UK High Court decision Charlotte Tilbury was able to claim artistic copyright in two designs subsisting in its Starlight Palette make-up palette and successfully prove infringement by Aldi and its lookalike palette. In a rare move for infringements of this nature, the court gave summary judgment on the view that Aldi had…

In January 2018, Google filed a petition to ask the U.S. Supreme Court to review two adverse rulings by the Court of Appeals for the Federal Circuit in the Oracle Am. Inc. v. Google Inc. case. The first was the Federal Circuit’s 2014 decision overturning a district court ruling that several thousand declarations that Google…

The Court of Justice of the European Union (CJEU) ruled on a series of questions referred by the Arnhem-Leeuwarden Appeals Court (Netherlands), relating to the possible copyright protection of the taste of a cheese product. The CJEU confirmed that the concept of a “work” provided for in Directive 2001/29 requires the existence of an external…

The Madrid Court of Appeal dismissed an appeal filed by the owners of a figurative mark whose central element is a radiant heart, drawn using thick black lines and coloured in red, this being used by the defendants to market numerous articles and souvenirs sold in many shops in Madrid. The Court upheld the first…

In law, perhaps one of the most famous aphorisms is “I know it when I see it”, which Justice Potter Stewart used to describe his threshold test for obscenity (in Jacobellis v. Ohio,  378 U.S. 184 (1964)). The CJEU, in case C‑310/17, delivered a decision on copyright which in a way confirms this aphorism and…