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Alviero Martini recently decided to bring an appeal against the decision of the Court of Milan, in the proceedings brought against Alviero Martini S.p.A., which acquired the trademark “Alviero Martini Prima Classe”....more
In a recent judgment concerning a dispute between Jean Cassegrain S.A.S (Longchamp) and a Belgian reseller of leather handbags, the Court of Appeal of Ghent denied copyright protection to Jean Cassegrain’s handbag “Le...more
The Court of Arbitration for Sport (“CAS”) decision in Dirk de Ridder v International Sailing Federation, recently published in full, has outlined six propositions to ensure that the disciplinary procedures operated by...more
A relatively common problem affecting the fashion industry is claims of copyright infringement over designs that appear on clothing and other merchandise. In particular, retailers create product overseas, unaware that a...more
The decision of the European Court of Justice in the Stanleybet case might affect the future of the Italian sportsbetting market during a period when CTDs are still on time to “cure” their status....more
The Court of Arbitration for Sport (CAS) has dismissed the appeal filed by FC Barcelona in relation to the FIFA sanction imposed on the Spanish club, reported here in April 2014.
The ban was imposed on FC Barcelona...more
Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more
The recent decision of the CJEU in the Karen Millen case provides important guidance to fashion designers and retailers who rely on unregistered design rights in their designs according to the Council Regulation (EC) No....more
On October 16, 2014, the European Commission referred Sweden to the Court of Justice of the EU (EJC) in two cases in relation to Swedish legislation for gambling services....more
In the lead up to the 2015 FIFA Women World’s Cup, which will be hosted by Canada (World Cup), a group of the world’s elite female football players (including the FIFA Women’s World Players of the Year for 2012 and 2013, Abby...more
Under Belgian law, a copyrighted work may be used without the authorisation of the author(s) for the purposes of caricature, parody or pastiche. In the absence of any clear guidance on the interpretation of the concept of...more
In an appeal by HMRC against a decision of the First-tier Tribunal ("FTT"), the Upper Tribunal (Tax and Chancery Chamber) ("UT") decided that a penalty imposed on McLaren Racing Limited ("McLaren") in respect of a breach of...more
On April 2014 the FIFA Disciplinary Committee sanctioned FC Barcelona for reported breaches about the signing of under-age players with a year-long transfer ban and significant fines....more
Fortres Grand Corp. v. Warner Bros. Entertainment Inc. -
USCA, Seventh Circuit, August 14, 2014 -
Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more
Summer 2014. The living is easy; the Copyright Board is certifying tariffs at a furious pace.
As we noted back in May 2014 (Towards Certainty on Webcasting – Re:Sound Tariff 8 Certified), the Board certified Re:Sound...more
The Court of Justice of the European Union (“CJEU”) issued its decision in Karen Millen Fashions Ltd v Dunnes Stores (C-345/13) on June 19, 2014, providing guidance on litigating unregistered Community designs and...more
In Trout Point Lodge, Ltd. v. Handshoe, 729 F.3d 481 (5th Cir. 2013), the Fifth Circuit became the first appellate court in the country to interpret the Securing the Protection of Our Enduring and Established Constitutional...more
Having been brought up at a time when the humour of Monty Python was influential on a young mind, I can’t help thinking of the ‘nudge, nudge, wink, wink’, sketch when reading about photographs. In the sketch, Eric Idle asks a...more
On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland.
Real Madrid has just published in its website that it will listen to offers from those entities who might be interested in acquiring its audiovisual rights for 2014/2015 season.
Although Real Madrid audiovisual rights...more
In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one...more
On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported...more
On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more
Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014:
District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more
In this issue:
- Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved
- Want to Reserve a Trademark? Be Prepared to Prove You Will Use It
- Around the Horn: Customs and...more
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