Tag Archives: CJEU

Exhaustion, economic links and “unitary control” – the AG’s opinion in the Schweppes trade mark reference

Trade mark rights may still be exhausted even if goods are imported bearing identical trade marks (having been applied in another EU Member State (MS) by a separate entity) where, given the economic links between the trade mark holder and the … Continue reading

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Filed under Brexit, Consumer products, EU, Trade marks & Passing-off, UK

BitTorrents join unlawful streaming and unlawful downloads as infringements of copyright

Following on from its recent decision in Filmspeler, the CJEU has handed down its judgment in Stichting Brein v Ziggo, C-610/15 (The Pirate Bay), concluding that operators of the online sharing platforms are making a 'communication to the public' within … Continue reading

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Filed under Consumer products, Copyright, EU, Media, Technology, media & telecommunications, UK

Unlawful streaming is as infringing as unlawful downloads – Further guidance from the CJEU on “communication to the public”

The CJEU has issued its ruling in Filmspeler that the sale of a multimedia player specifically configured to link to websites on which protected works are made available to internet users, without the consent of the copyright holders, is a … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

Law catches up with free TV streaming sites

ITV & Others v TVCatchup: CJEU Rules S.73 CDPA defence not applicable to online streaming of live broadcasts. The CJEU has issued its ruling on the latest question referred to it in the long-running dispute between ITV (and others) and … Continue reading

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Filed under Copyright, Media, Technology, media & telecommunications, UK

CJEU rules that comparative advertising based on prices in shops of different sizes and formats may be unlawful and misleading in certain circumstances

Further to a reference from the Paris Court of Appeal in a case between Carrefour Hypermarchés SAS and ITM Alimentaire International SASU, the CJEU has issued its ruling on the lawfulness of comparative advertising focussing on the prices charged by … Continue reading

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Filed under Advertising, Consumer products, EU, Media, Technology, media & telecommunications, UK

Hyperlinking to material on the internet – CJEU expands on the circumstances when it may amount to copyright infringement

In a further key decision on hyperlinking and copyright, the CJEU has held that creating hyperlinks may be a communication to the public and so may amount to copyright infringement, if the creator of the hyperlinks knows or should have … Continue reading

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Filed under Copyright, EU, Media, Technology, media & telecommunications, UK

From 28 July 2016 section 52 CDPA repeal will mean copyright will be extended or revived in the UK in many industrially manufactured articles

Section 52 Copyright Designs & Patents Act 1988 provided for a reduced term of copyright protection for artistic works which had been industrially manufactured, that is over 50 articles have been made.  The reduced term granted was 25 years from … Continue reading

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Filed under Copyright, Patents, UK