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Thomas Long  (Wolters Kluwer Legal & Regulatory US)
USA: Star Athletica, L.L.C. v. Varsity Brands, Inc, Supreme Court of the United States, No. 15-866, 22 March 2017
May 03, 2017

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…

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Elise Vasamae  (Palladium Attorneys at Law)
Estonia: Tiina Tammer, Supreme Court of Estonia, 3-2-1-153-16, 29 March 2017
May 02, 2017

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…

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Erica Vaccarello  (De Simone & Partners S.P.A.) , Fabio Angelini  (Bugnion S.p.A)
The “artistic” Vespa?
April 26, 2017

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…

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Stavroula Karapapa  (University of Reading)
United Kingdom: Football Association Premier League v Luxton, Court of Appeal of England and Wales, Civil Division, A3 2014 0759, 9 November 2016
April 24, 2017

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…

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Elise Vasamae  (Palladium Attorneys at Law)
Estonia: Miina Härma Gymnasium II, Supreme Court of Estonia, 3-2-1-159-16, 27 February 2017
April 20, 2017

A full report of this case has been published on Kluwer IP Law The Supreme Court of Estonia analysed the conditions under which the public performance of works at a school concert falls within the…

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Maurizio Borghi
UK: Gloucester Place Music Ltd v Le Bon, High Court of Justice of England and Wales, Chancery Division, HC-2015-004970, 2 December 2016
April 19, 2017

A full summary of this case has been published on Kluwer IP Law In a case between a music publisher and members of the pop group Duran Duran, the Court granted a declaration to the claimant music…

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Theo Savvides  (Bristows LLP) , Sean Ibbetson  (Bristows LLP)
The UK’s first ‘live’ blocking order prevents users accessing Premier League football streams
April 18, 2017

Over the last decade, in particular, the English courts have shown a strong resolve to tackle online infringements of IP rights, and also an ability and willingness to be flexible in the remedies…

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Adrien Alberini , Joëlle Becker , Vincent Pfammatter  (Sigma Legal)
Copyright 4.0 : a global perspective (and many takeaways) IP Conference held at the University of Geneva on February 22, 2017 – Part 2
April 13, 2017

Last week we published the first part of a two-part article summarising the essence of the presentations at the annual IP conference organised by the University of Geneva on February 22, 2017 (…

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Silke von Lewinski  (Franklin Pierce Center for IP, Univ. of NH)
Comments on the ‘value gap’ provisions in the European Commission’s Proposal for a Directive on Copyright in the Digital Single Market (Article 13 and Recital 38)
April 10, 2017

 In the current debates on the ‘value gap’ provisions in the European Commission’s DSM proposal (Art. 13 and Recital 38, see here and, e.g., here), it has been suggested that these provisions…

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Jody Coultas  (CCH)
USA: Fox Television Stations, Inc. v. AereoKiller, LLC, United States Court of Appeals, Ninth Circuit, No. 15-56420, 21 March 2017
April 09, 2017

A Pasadena, California, district court ruling that FilmOn X, LLC, was a "cable system" and thus eligible for compulsory licenses under the Copyright Act has been reversed by the U.S. Court of Appeals…

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