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Legal updates

24 May 2016

Did GS Media play ball with Playboy pics?

European Union - Advocate General Wathelet recently gave his opinion in GS Media v Sanoma that it is not copyright infringement to hyperlink to a website that has published unauthorised photos. This case preserves the proper functioning of the Internet but also presents difficulties for protecting online copyright. Read update

24 May 2016

High Court lays down grounds for enforcing inherited publicity rights

India - In Mrs Chitra Jagjit Singh v Panache Media, a single judge of the High Court of Bombay has refused to allow the plaintiff’s ad interim application to restrain Panache from violating the publicity rights of well-known singer the late Jagjit Singh (the plaintiff’s husband), in which the plaintiff claimed rights through inheritance. Read update

23 May 2016

Artistic works are ‘capable of being registered’ as design

India - The High Court of Delhi has dismissed a suit for copyright infringement under Section 15(2) of the Copyright Act 1957, which provides that once a copyright in a design is applied to an article by an industrial process more than 50 times, ownership of the copyright ceases because the copyright resulting in creation of the article is capable of being registered under the Designs Act 2000. Read update

23 May 2016

Use of term in descriptive manner is not genuine use of trademark

European Union - In Henkell & Co Sektkellerei KG v European Union Intellectual Property Office the General Court held that the evidence provided by Henkell in order to prove genuine use of its earlier EU trademark did not prove to the requisite legal standard that the earlier trademark had been put to genuine use during the relevant period. Read update

20 May 2016

Keeping up with the Joneses

European Union - In Auyantepui Corp SA v European Union Intellectual Property Office (EUIPO) the General Court has upheld the decision of the EUIPO Second Board of Appeal concerning the figurative mark consisting of the word element ‘Mr’ followed by the word ‘Jones’. Read update

20 May 2016

Did Master pass-off Mister?

Canada - The Federal Court recently issued a decision respecting trademark infringement and passing-off in the case of Responsive Brands Inc v 2248003 Ontario Inc. The decision shows the power of extensive use of an otherwise not highly distinctive mark to extend the scope of protection. Read update

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Issue 61