Press "Enter" to skip to content

Category: Litigation

For wide expansion in foreign market trade mark has to be famous?

CJSC “Roust Inc.” is the proprietor of a number of trade mark registrations for marks comprising or including the word mark RUSSIAN STANDARD. The registrations cover a wide variety of goods and services including vodka. Russian Standard, Inc. uses some domain names, such as russian-standard.com, russian-standard.net, russianstandart.com and russianstandart.net, to offer its services.

Comments closed

Retrospective: The Supreme Court of England: first injunction against service provider

The six well-know studios (Twentieth Century Fox Film Corporation, Universal City Studios Productions LLLP, Warner Bros. Entertainment INC., Paramount Pictures Corporation, Disney Enterprises, INC., Columbia Pictures Industries, INC.) sued Newzbin Limited for infringement of copyright arising from the operation of a website called Newzbin on a world wide internet discussion system called Usenet.

Comments closed

Criticism can be insulting but it is not copyright infringement

This action principally concerns whether critical commentary on a creative video posted on YouTube constitutes copyright infringement. Matt Hosseinzadeh filed action in response to a video created by Ethan and Hila Klein, in which they comment on and criticize Hosseinzadeh’s copyrighted video. The Kleins’ criticism and commentary is interwoven with clips from the Hoss video.

Comments closed

BMI’s answer to DOJ’s appeal on full-work licencing

This appeal presents a single question: does BMI’s Consent Decree prohibit BMI from licensing a fractional interest in the public performance right to a musical work (commonly referred to as “fractional licensing”), when BMI does not control the entirety of the public performance right for that musical work? As demonstrated below, the answer to this question is no.

Comments closed

Nintendo has won more than 11 mln in circumvention and copyright infringement case

In 2012, Parliament amended the Copyright Act, RSC 1985, c C-42 to add prohibitions against circumventing technological protection measures (TPMs) and trafficking in circumvention devices. In doing so, Parliament explicitly recognized the importance of TPMs for protecting copyrighted works, particularly in the video game industry.

Comments closed

The Russian courts find out whether quotation is only for textual works or it can be also for images

The case is about quotation of images. One media house (defendant) has published in its articles and on its web-site the photographs of Russian popular blogger Varlamov (plaintiff). Varlamov did not like it and has filed a lawsuit for copyright infringement. He lost the case. The court of first instance ruled it was simple quotation – copyright exception. Varlamov appealed.

Comments closed

You should have at least interest in copyright in order to bring a copyright suit

Greg Young is an individual who works in visual art publishing. Beginning in 1992, Young did business under the d/b/a “Greg Young Publishing” (“GYP”). Beginning in 2007, he began using the d/b/a “Greg Young International” (“GYI”). On December 18, 2007, he created GYPI, a California corporation. Young has worked with a number of visual artists. Since 2010, Young has been the licensing agent for Scott Westmoreland, an artist who creates landscape and beach-themed art.

Comments closed

Some issues with trademark when it consists of surname

Kerry Earnhardt is the co-founder and CEO of KEI, the son of Dale Earnhardt (a professional race car driver who passed away in 2001), and the stepson of Teresa Earnhardt. In addition to racing cars professionally from 1992–2006, Kerry Earnhardt has developed other business ventures through KEI, including the EARNHARDT COLLECTION lifestyle brand. KEI has licensed the mark EARNHARDT COLLECTION to Schumacher Homes, Inc. for use in connection with custom home design and construction services.

Comments closed

When the court sets the royalty rate, applied to the user of collective management organisation, lower than requested by CMO, does it infringe CMO’s property rights?

The CMO, SIA AKKA/LAA, complained to the European Court of Human Rights that the domestic courts had restricted the copyright of authors whose musical works were collectively managed by the CMO. They complained, in particular, that as a result of the domestic proceedings in which the domestic courts had ordered the CMO to conclude licence agreements with broadcasting organisations and had set a royalty rate, the authors’ exclusive rights to freely conclude licence agreements for the use of their musical works had been restricted, contrary to Article 1 of protocol No. 1of the Convention of Human Rights.

Comments closed