Case Law

668 articles available

Computer games are becoming more and more important, not only in everyday life but also in legal theory. The German Federal Supreme Court has now issued a decision on the online game World of…

 In recent years, the Court of Justice has issued a growing number of decisions in response to questions referred for a preliminary ruling on the concept and delimitation of the right of…

 The Spanish Supreme Court has recently ruled on the concept of originality in respect of architectural works, and for the first time has established clear and specific guidelines for applying…

A full summary of this case has been published on Kluwer IP Law The Supreme Court provided guidance on how to assess whether a work should be considered to be an adaptation, within the meaning of…

The “Filmspeler” ruling is the last stone in the CJEU’s complex construction on the application of the concept of communication to the public in hyperlinking. Starting with the seminal Svensson case…

Designs for cheerleading uniforms owned by Varsity Brands, Inc., were copyrightable because the graphic elements of those designs were separable from the utilitarian function of a cheerleading…

A full report of this case has been published on Kluwer IP Law. In this interesting case, the Supreme Court of Estonia examined whether the answers given by the claimant in the framework of an…

Can a scooter enjoy, contemporaneously, protection as a three-dimensional trademark (hereinafter 3D mark) and under copyright law?  Apparently it can, at least according to the Court of Turin, which…

A full summary of this case has been published on Kluwer IP Law The Court of Appeal agreed with the High Court’s decision that the defence raised by a pub owner who had been showing football matches…