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Wallpaper With Copyright-Protected Images: Limits to "Expected Commercial Use" in Germany, France and the United Kingdom

The Situation: Photo wallpaper will most likely be copyright-protected. There are limits to implied consent of the rightsholder, particularly in relation to the commercial use of images or other copyright-protected objects in...more

CJEU Clarifies Copyright Protection for Software Variables

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

UK Court of Appeal Diverges From EU Trademark Law

The UK Court of Appeal has for the first time chosen to diverge from a decision of the Court of Justice of the European Union ("CJEU"), making use of the powers given to it following the UK's exit from the European Union....more

UK Supreme Court Rejects Amazon's Trademark Infringement Appeal

In a stark alert to providers of global e-commerce services, the UK's most senior court has upheld an earlier decision that Amazon "targeted" UK customers for sales of U.S. goods on its U.S. website, amounting to trademark...more

Trademark Revocation Actions for Non-Use: Who Bears the Burden?

CJEU Decision  - In Maxxus Group GmbH v Globus Holding GmbH C‑183/21, the CJEU was asked whether German procedural rules were consistent with Article 19 of the Directive (EU) 2015/2436 on revocation of trademark rights for...more

CJEU Confirms that Louboutin's Red Outer Sole Can Be a Trademark

The Situation: The Court of Justice of the European Union ("CJEU") rendered its ruling in the Louboutin case (C-163/16) on June 12, 2018. The Result: The CJEU has confirmed that Christian Louboutin's red outer sole can be...more

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