This week has seen a happy confluence: the September issue of the European Copyright and Design Reports and the European Trade Mark Reports have both come out. Both are published by Sweet & Maxwell. If you want to know what's in them ...
European Copyright and Design Reports
Two Dutch cases are reported in English in this issue. They are
* Stichting Bescherming Rechten Entertainment Industrie Nederland (BREIN) v Techno Design "Internet Programming BV (Court of Appeal of Amsterdam) - the zoekmp3.nl case, involving liability for offering and/or hosting internet services that permitted access to unlawfully uploaded music files;There are also some desperately serious European Court of Justice rulings involving Portugal (for failure to implement Council Directive 92/100) and Uradex/Brutele (on the circumstances in which collecting societies can do their collecting ...).
* Adam Curry v Audax Publishing BV (District Court of Amsterdam) - the first case in Europe to consider the legal effect of a Creative Commons licence, in this instance relating to photos posted on flickr by a publicity-hungry but privacy-conscious family of TV celebrities.
European Trade Mark Reports
Three cases in this issue appear in English for the first time. They are
* Intel Corporation v Empresa Nacional de Telecommunicasiones (Supreme Court, Sweden) - on whether there had been genuine use of the ENTELCARD marks to prevent Intel getting them revoked for non-use;Other attractions in this case include the attempt of Jaguar Cars to block registration of JAGUAR for watches.
* Hastens Sangar AB v Rock Raamsveld BV (Hague District Court) - a bloody battle to the death between the owner of some trade marks for a rather comfortable range of beds and a cut-price competitor who challenged their validity;
* Dr OK Wack Chemie GmbH v Brookside Import Specialities Inc (Swiss Federal Court) - a battle for the heart and soul of the S100 trade mark in Switzerland between the mark's German progenitor and a former US agent.
Above: the lack of a prehensive thumb proves to be a major design flaw as this jaguar takes a break after struggling in vain to put its wristwatch on.