Case Law

674 articles available

 On 12 September 2019, the CJEU held that according to article 2(a) of Directive 2001/29 (the InfoSoc Directive), Member States’ copyright laws can no longer protect models (in other words works of…

On remand, the district court must apply the Fogerty factors in determining whether the photographer is entitled to an attorney fee award. Given its determination that a media company committed…

 Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June. This case is considered to be the most important…

The statutory schemes of Italian and U.S. copyright law differ in their allocation of authorship status in that Italian law does not recognize the ab initio statutory allocation of copyright to the…

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…

Dismissal on claim preclusion grounds of suit brought by Media Rights Technologies, Inc., mostly affirmed, but reversed as to products that Microsoft sold after the date when MRT filed a patent…

A word (verbal) sign (trademark) in which neither the choice of words nor their arrangement and connection are a manifestation of a creative invention, and nor are they original or create a result…

German Federal Supreme Court’s decisions of 21 February 2019 (ref.: I ZR 98/17, I ZR 99/17 and I ZR 15/18)  Protection of moral rights in Germany, in particular the right to prohibit distortion of…

A preliminary injunction against a competitor was upheld in light of costume maker Rasta Imposta’s likelihood of success on the merits of its copyright infringement suit. Costume supplier Silvertop…