Designs for cheerleading uniforms owned by Varsity Brands, Inc., were copyrightable because the graphic elements of those designs were separable from the utilitarian function of a cheerleading uniform, the U.S. Supreme Court has held. In a split decision, the Court held that a feature incorporated into the design of a useful article is eligible for…
A full report of this case has been published on Kluwer IP Law. In this interesting case, the Supreme Court of Estonia examined whether the answers given by the claimant in the framework of an interview are works protectable by copyright. Section 4(6) of the Copyright Act stipulates that the protection of a work by…
Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law? Apparently it can, at least according to the Court of Turin, which recently said so, with its decision no. 1900/2017 dated March 17, 2017. The case was started when Piaggio, maker of the scooter Vespa, asserted rights arising…
A full summary of this case has been published on Kluwer IP Law The Court of Appeal agreed with the High Court’s decision that the defence raised by a pub owner who had been showing football matches using a domestic satellite decoder from a foreign broadcaster was not valid, as there was not a sufficient…
A full report of this case has been published on Kluwer IP Law The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the free use exception. In principle, the Supreme Court agreed with the courts of lower instance by holding that the public…
A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music publisher, finding that service of notices under s.203 US Copyright Act 1976 purporting to terminate assignments of the US…
Over the last decade, in particular, the English courts have shown a strong resolve to tackle online infringements of IP rights, and also an ability and willingness to be flexible in the remedies which they can provide to assist IP rights holders in tackling the ever evolving challenges which new technologies have created. A recent…
Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 (programme available here). This is the second part of the article, discussing the remaining presentations. 4. Scope of copyright: hyperlinking and framing as…
In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions would modify the current scope of the exclusive right of communication /making available to the public and the liability exemptions of the E-commerce…
A Pasadena, California, district court ruling that FilmOn X, LLC, was a “cable system” and thus eligible for compulsory licenses under the Copyright Act has been reversed by the U.S. Court of Appeals in San Francisco. In a ruling in favor of broadcasters such as Fox Television Stations, Inc., the court held that, based on…
