Never Too Late: if you missed the IPKat last week

Last week, the IPKat brought you some in-depth analysis of the copyright and trade mark developments. Be sure not to miss it! 

A sleeping beauty

Copyright 

Eleonora Rosati addressed a recent decision by the Italian Supreme Court, which held that a technical regulation may in principle be protected by copyright under the Italian law. Although, in the case at hand, the claimant´s text failed to display “qualcosa in più” (Italian for “something more”) and was ultimately denied copyright protection, the Court did not exclude that, in principle, a technical regulation could be eligible for such protection.

The copyright protection of unconventional forms of works was discussed by GuestKat Nedim Malovic, this time from the US perspective. Nedim analysed a decision from the US Copyright Office Review Board, granting copyright protection to the Abercrombie & Fitch’s Store Front Sculpture, which consists of the letters A and F, the ampersand symbol, and the abbreviation “Co.” encased in a backlit glass circle. In view of the CORB, this work is sufficiently creative to be eligible for such protection.

This InternKat looked into the French Constitutional Court opinion on the controversial Avia Law, which aims at combating hate speech on the internet. In May, the French Senate adopted the Avia Law, which would require operators of online platforms to remove terrorist content and child pornography within one hour from receiving a notification from the competent administrative authority and to remove various types of hate speech within 24 hours from receiving a notice from a user. The French Constitutional Court has now recognised these measures as unconstitutional, as they jeopardise freedom of expression and communication in a manner that is not adequate, necessary or proportionate to the aim of protecting human dignity.

Trade Marks

The intention of Louis Vuitton to register and maintain various checkered patterns as an EUTM seems to be continuing [previous caselaw was reported by the IPKat here]. Last week, GuestKat Riana Harvey shared with IPKat readers her analysis of the General Court´s decision on Louis Vuittton’s “Damier Azur” checkered pattern in beige and blue. In essence, the General Court annulled the EUIPO BoA decision that invalidated the EUTM “Damier Azur”, stating that the BoA had erred in its assessment of distinctive character acquired through use of the mark at issue, as it had wrongly limited its analysis to a restricted set of evidence.

Never Too Late 269 [Week ending June 14] Conversations with FRANDs: top courts in UK, DE and NL to decide key issues relating to SEP's | BREAKING: CJEU rules that a functional shape may be protected by copyright in so far as it is original | [Guest post] Digital Culture Consumer Tracking Study – Week 6 of 6 | “Doh” may be a female deer and “re” a drop of golden sun, but "me" harmony be the basis for copyright infringement? | The IPKat and Merpel stand against racism | ERA’s Summer Course in European IP Law now taking place online (and still coming with a 25% IPKat discount) | [Guest Book Review] Resolving business disputes - how to get better outcomes from commercial disputes | The inexorable rise of streaming and the sunset of the cinema: celebration or sorrow?

Never Too Late 268 [Week ending June 7] (Live) streaming of sound recordings in Kenya: what is the appropriate question? | "Single unit of publication" registrations require publication as a singular, bundled collection, the 9th Circuit rules: Unicolors v. H&M | Academy logo (featuring Oscar statue silhouette) denied copyright registration in the US | [Guest post] “The art is the wall”: Picasso, Nesjar, and the moral rights of the artists in Oslo’s Y-Block | Book review: The Cambridge Handbook of Copyright in Street Art and Graffiti | When the trademark was unregistered but whose goodwill was not unloved in a successful opposition | [Guest post]: COVID-19 accelerates the need for SMEs to leverage their IP assets | Book Review: Conflict of Laws on the Internet | [Guest post] Digital Culture – Wave 4 of 6 | Report by Intellectual Property Office released | IP Law Summer School also returning this year (online and with a special IPKat readers’ discount)