Infringement

CDSM Directive, Digital Single Market, European Union, Exceptions and Limitations, Infringement, Legislative process

(Lund University)/ /Leave a comment

Article 17 of the adopted DSM Directive requires that so-called online content-sharing service providers (OCSSPs) either obtain use licenses from rightholders or, failing that, enforce copyright ex ante by preventing uploads. At the same time, according to Article 17(7) any agreements between rightholders and OCSSPs cannot affect the availability of content created under the limitations,…

Case Law, Damages, Estonia, Infringement

(Palladium Attorneys at Law)/ /Leave a comment

Although the defendant had allegedly illegally used the claimant’s software on only three days (over a period of two months), the court found it justifiable to award monetary damages in an amount equal to the standard yearly licence and maintenance fees for this software. The court held that this was the “normal” fee the defendant…

Case Law, Infringement, Spain

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Almost a decade after the first complaint was lodged, the judgment in the Series Yonkis case was delivered by the Murcia Criminal Court in June. This case is considered to be the most important court case to date in relation to downloads of content protected by intellectual property rights in Spain. For 7 years (from…

Case Law, Infringement, Originality, Subject matter (copyrightable), United Kingdom

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In a recent UK High Court decision Charlotte Tilbury was able to claim artistic copyright in two designs subsisting in its Starlight Palette make-up palette and successfully prove infringement by Aldi and its lookalike palette. In a rare move for infringements of this nature, the court gave summary judgment on the view that Aldi had…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Dismissal on claim preclusion grounds of suit brought by Media Rights Technologies, Inc., mostly affirmed, but reversed as to products that Microsoft sold after the date when MRT filed a patent infringement suit against Microsoft involving the same set of operative facts, which had been dismissed. The U.S. Court of Appeals in San Francisco has…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

A preliminary injunction against a competitor was upheld in light of costume maker Rasta Imposta’s likelihood of success on the merits of its copyright infringement suit. Costume supplier Silvertop Associates, Inc., doing business as Rasta Imposta, was entitled to a preliminary injunction stopping competitor Kangaroo Manufacturing from selling a “knock-off” full-body banana costume because Rasta…

Case Law, Enforcement, Infringement, United Kingdom

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In the consolidated claims of Mircom & GoldenEye v Virgin Media, the claimants sought court orders from the UK court requiring Virgin Media to disclose the names and addresses of tens of thousands of its broadband subscribers who, the claimants say, had unlawfully downloaded pornographic films. The claimants required the individuals’ names and addresses in order…

Case Law, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

Protected elements of illustrated children’s book were not substantially similar to defendants’ book and animated adaptation as a matter of law. The U.S. Court of Appeals in Philadelphia has affirmed a district court’s decision holding that an author of a children’s illustrated book failed to state a copyright infringement claim against media company Viacom International,…

Case Law, Damages, Infringement, USA

(Wolters Kluwer Legal & Regulatory US)/ /Leave a comment

The operator of a YouTube channel criticizing the pastor of a church was not entitled to punitive damages in a malicious prosecution case when the church relied on counsel in initiating a copyright infringement suit. In a malicious prosecution of copyright infringement claims brought by the operator of a YouTube channel that featured videos containing…

Case Law, Communication (right of), Enforcement, Infringement, Liability, Remedies, United Kingdom

(University of Reading)/ /Leave a comment

The court granted a blocking injunction requiring a number of internet service providers to block their customers’ access to streaming servers where copyright infringements were taking place through the unauthorised streaming of live footage of sports events. Case date: 20 September 2018 Case number: [2018] EWHC 2443 (Ch) Court: High Court of Justice of England and…