Case Law

To ensure you don’t miss out on interesting IP law developments reported on our other IP blogs, we will, on a regular basis, provide you with an overview of the top 3 most-read posts from each of our…

By now everyone in the world must have heard of Sweden, especially European copyright lawyers. This post concerns two recent preliminary rulings from the CJEU, both at the request of Swedish courts…

Substantial similarity was lacking because the TV show used reported facts in combination with tone, dialogue, and themes that were different from the book. Scenes in the Netflix drama Narcos did not…

Appellate court declines to reopen infringement judgment for a case that was not open on direct review. In a copyright infringement case brought by Christ Center of Divine Philosophy, Inc. for…

The reproduction of an author’s articles in a newspaper’s online archive was not protected from copyright infringement claims by Section 108(a) of the Copyright Act because this archive was not a …

 As I posted previously on this blog (here), French press publishers’ unions and the news agency Agence France Presse (‘AFP’) filed a successful request for an interim injunction against Google…

Because the copyright owner had held the book out as nonfiction, the "asserted truths" doctrine precluded the owner from later claiming copyright protection for facts contained in it. The members of…

Lower court ruling dismissing claims accusing HP of selling unauthorized software updates was reversed on appeal. Claims of direct and indirect infringement by Hewlett Packard and a third party in…

The story of Austria’s copyright levy on storage media (storage media levy, briefly “SML”) is not over: In its latest chapter, the Austrian courts – and now also the Court of Justice of the European…