Category: Copyright

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TOP-10 IP Disputes in 2018

in PDF format CATEGORY: Trademarks CASE: Sony vs. PAG DETAILS: Resolution of the Constitutional Court No. 8-P dated 13 February 2018 SUMMARY: Unlike the counterfeit, the original (grey) product cannot be destroyed under the court judgment (unless it endangers human health, the environment or cultural heritage) and it is impossible to recover a large compensation… Continue Reading

Troubled Waters for Online Pirates in Greece

On November 6, 2018 a remarkable blow was delivered to online piracy in Greece. On that day, the newly-formed “Committee for Online Copyright Infringement” – informally and more descriptively also known as the Greek “Anti-Piracy Committee” – published its first decisions, ordering, by one of those (Decision No. 3/2018), all Internet Service Providers (ISPs) in … Continue Reading

Client Wants To Do Business in US, What To Do from an IP Perspective

The Amazon Marketplace, an online sales platform for third-party sellers, has seen a significant increase in popularity. It is not, however, the only third-party sales platform, Walmart.com, e-Bay, and Etsy are other popular marketplaces in the U.S., and all offer great ways for international sellers to enter the U.S. market. There are, however, some IP … Continue Reading

Copyright law update – proposed amendments to website blocking laws

Background The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act 1968 (Cth). Section 115A of the Copyright Act was introduced in 2015 and enables a copyright owner to apply to the … Continue Reading

“…this is my life”: Corporate Biography, Moral Rights & Being Slow To Berne

I don’t care what you say anymore this is my life Go ahead with your own life leave me alone. —Billy Joel, My Life People often do quite well financially selling their life story.  But stop and think for a minute what that statement means — “selling their life story.”  The complex personal investment each … Continue Reading

When Does “Copying” a Photograph of a Building Constitute Copyright Infringement?

A recent decision from a Pennsylvania federal court underscores that there is generally no copyright protection in an actual building or a skyline of buildings; instead, the protection is in the particular photograph or rendering of the building. Creating an original depiction of a building or skyline that is not substantially similar to the photograph … Continue Reading

Street Art, Copyright Infringement, and De Minimis Use

The legal protections afforded to graffiti and “street art” artists have gained increased visibility in recent months. But while street art may be entitled to certain protections under the law, not every use of street art without permission will violate an artist’s rights. A recent decision from the U.S. District Court for the Southern District … Continue Reading

Smartphones, tablets, hard drives and the blank tape levy: Recent developments in Greece

The issue of the blank tape levy, due for certain devices and media which are suitable for the reproduction of protected works as equitable remuneration for the reproduction for private use, and which is payable by the importers or manufacturers of such devices, has often in recent years been a subject of dispute between creators, … Continue Reading

Fair is foul, and foul is fair: How TV Eyes May Help Us See Through The Blurred Lines & Fog Around Fair Use

First Witch:     When shall we three meet again/In thunder, lightning, or in rain? Second Witch:  When the hurlyburly’s done,/When the battle’s lost and won. Third Witch:    That will be ere the set of sun. *** ALL:                 Fair is foul, and foul is fair:/Hover through the fog and filthy air. [MacBeth, Act 1, Scene 2] … Continue Reading

Copyright ownership in workplace. The example of Greece.

Nowadays, intellectual property rights constitute very important assets of the companies. Therefore, in order to avoid conflicts and uncertainty, Greek legislation offers specific provisions concerning the ownership of inventions, designs and the copyright on a work created in the course of an employment relationship. These provisions could be of interest of any company operating in … Continue Reading

Trade Secrets as Part of Your IP Portfolio: The Case of Col. Sanders

Trade secrets, together with patents, trademarks, and copyrights, are one of the four main types of intellectual property.  Unlike the three other types of IP, trade secrets are never made public.  Trademarks and service marks are obtainable only through public use that creates an association between the mark and the origin of specific goods or … Continue Reading

Tomorrow Is Yesterday: Today’s Cases Boldly Going Where Our Blogs Have Gone Before

Sometimes blogging topics are hard to come by.  It is often difficult because, as a sage once noted in discussing the search for The Ultimate Computer, one wants to do one’s best, but something like creativity “doesn’t work on an assembly line basis. … You can’t simply say, today I will be brilliant,” insightful, informative … Continue Reading

TV FORMAT PROTECTION – MORE DETAILS NEEDED

Introduction From Bullseye to Mastermind and from The Chase to Eggheads, it is undeniable that the public love a TV game show.  Who (in the UK) doesn’t remember Judith Keppel sensationally becoming the first winner of Who Wants to be a Millionaire?  A total of 14.9 million UK viewers (that is about a quarter of … Continue Reading

Towards an effective legal framework for the protection of intellectual property rights from online infringements in Greece

The protection of copyright from infringements taking place via the Internet has been in Greece until today extremely inefficient and time-consuming. Legal experts and copyright holders hope that this situation will alter soon. On July 2017, a new Copyright Law 4481/2017 was adopted amending the existing Copyright Law 2121/1993. The new Law provides dispositions aiming … Continue Reading

New era for Collective Management in Greece and the legal uncertainty for AEPI, the major Greek CMO

Introduction The Collective Management Organisations in Greece are subject to the legal framework of the Law 2121/1993, as amended recently by Law 4481/2017 regarding the collective management of copyright and related rights, thereby the Greek legislation was harmonised with the Directive 2014/26/EU. In this article we aim to focus on one aspect of the new … Continue Reading

Will It Be Known As “Michelin Star Athletica”?: Why The US Supreme Court May Have Given American Chefs A Reason To Cheer

Recent years have witnessed a surge in the United States in the appreciation for fine food and those who create it.  Indeed, the concept of the “celebrity chef” has taken such hold in the United States that there are entire television networks and countless magazines (on-line and in print) to cooking, recipes, chefs and the … Continue Reading

Russian Supreme Court recognized that non-profit organizations are eligible to protect name

On July 11, 2017 the Civil Disputes Judicial Board of Russian Supreme Court published a long-awaited Ruling in case No. 53-KG17-12. Under the merits of the case, in 2016 the charity fund for helping children with oncohematological and other serious diseases “Podari Jizn” (CF “Podari Jizn”) filed a lawsuit against a copycat, non-profit charity fund «Podari … Continue Reading

“…as best as your interests don’t conflict with mine”: Lawyers Fighting Over Intellectual Property

When one thinks about lawyers and Shakespeare, many recall the oft-quoted and misunderstood statement “the first thing we do, let’s kill all the lawyers.”  ‘Henry VI,” Part II, Act IV, Scene II, Line 73.  But my favorite, as a better reflection of the best of our lot, is: Sir, I shall not be slack; in … Continue Reading

Picking: A Few IP Collectibles Since My Last Post

There is a popular television show in the United States called American Pickers, which follow the adventures of antique and collectible “pickers” Mike Wolfe and Frank Fritz.  Wolfe and Fritz travel around in a van with the logo Antique Archeology to buy, or “pick,” various items for resale, for clients, or for their own personal … Continue Reading

CarGurus Enters Canada – Suit Ensues For Statutory Damages under the Canadian Copyright Act

The plaintiff in a copyright infringement action has the option to choose to receive statutory damages rather than to establish its actual quantum of damages it has suffered. Statutory damages range from a minimum of $500 to a maximum of $20,000 for the infringements related to a given work. A plaintiff might choose statutory damages … Continue Reading

Can You Register a Copyright on an Artistic Element in an Industrial Design?

Suppose that you have expressed your idea into a tangible form such as two-dimensional artistic elements incorporated into an industrial design.  Although your copyright exists upon the moment of creation, do you have a valid copyright?  Should you register your copyright on the two-dimensional artistic elements with the U.S. Copyright Office?  Can you stop a … Continue Reading

IP Court has clarified that the use of a “plot generating object” in a movie may constitute copyright infringement

In mid-February, the Russian Intellectual Property Court issued an interesting decision, in which it indicated when filmmakers have to obtain a copyright owner’s consent for use of a movie prop. Under the auspices of the case, Pan Press Publisher filed a lawsuit against Ren-TV TV Channel and AN-film Production Company claiming that its book cover … Continue Reading
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