Originality

116 articles available

 It could be called the Dutch case of the summer of 2016: the question of whether beer manufacturer Bavaria's slogan “Zo. Nu eerst een Bavaria” (translated: “So. Now first a Bavaria”) is a work…

 As discussed in this blog post, the impact which Brexit has on the UK’s copyright regime will largely depend on the exact form that Brexit takes. Whilst copyright has remained far less harmonised…

The court of appeals confirmed that there had been infringement of copyright in the claimant's photographs, and in doing so, clarified the requirements for the protection of photos as copyright works…

The French Supreme Court stated that the lower courts must take into consideration all the choices of the author in order to decide whether a work is original and therefore protected by copyright law…

The Polish Supreme Court held that the use of elements of a work of authorship, which are widely known and available (in the public domain), in another work in which those elements were combined in a…

 A recent judgment by the CJEU set aside a decision of the General Court annulling an OHIM decision to invalidate a Community trade mark owned by the National Lottery Commission, based on the…

Erno Rubik, creator of the famous Rubik’s Cube, brought suit against a Dutch enterprise that trades in gift articles, including the so-called ‘Magic Cube’, which strongly resembles Rubik’s own ‘Rubik…

 The bizarre saga known as Garcia v. Google has finally come to end with an eleven judge en banc decision of the United States Court of Appeals for the Ninth Circuit (Garcia v. Google, Inc., 786 F.3d…

The Court of Turin held that the main idea for a finished work (a TV commercial for the FIAT 500) had been developed in an initial project carried out by the claimant and that this project was the…