Case Law

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To ensure you don't miss out on interesting IP law developments reported by our Trademark Law and Patent Law bloggers, we will, on a regular basis, provide you with an overview of the top 3 most-read…

On 2 February 2016, the European Court of Human Rights (ECtHR) delivered its first post-Delfi judgment on the liability of online service providers for the unlawful speech of others. Somewhat…

A 2001 letter from an attorney representing the heirs of Superman co-creator Jerome Siegel effectively transferred all copyrights in the Superman character to DC Comics, the U.S. Court of Appeals in…

Case C‑572/13, HP v. Reprobel, 12 November 2015 By Philippe Laurent and Céline Wulleman, Marx Van Ranst Vermeersch & Partners As we know, Member States may adopt exceptions to the reproduction right…

Decision of the German Bundesgerichtshof (“BGH”) of July 9, 2015, file no. I ZR 46/12 (“Die Realitaet II”) The CJEU confirmed in Svensson that linking to content may be a public communication where…

In response to a reference from the Bundesgerichtshof (Germany), the CJEU ruled that geographical information extracted from a topographic map by a third party in order to produce and market another…

A copyright claim brought by hip-hop artist Tyrone Simmons—who purchased an exclusive license to use a beat known as the “I Get Money Instrumental”—against the beat’s creator (William Stanberry, Jr.)…

It is beyond dispute that Anne Frank’s diary is of great historical value. A recent Dutch court decision confirms this, in a case that perfectly illustrates the tension between freedom of scientific…

The Swedish Supreme Court considered under what circumstances, and to what extent, a penalty payment can be imposed on a company that has been prohibited under penalty of a fine from selling an…