Broadcasting of background music – Equitable remuneration – Mere provision of physical facilities – Sound equipment on board trains and aircraft – Presumption of communication to the public as a result of possession of technical means – Implications on Greek case law and practice
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Does food flavouring constitute a “work”?
Introduction
In this case before the Multi-member Court of First Instance of Thessaloniki, the plaintiff requested judicial protection of his recipes (i.e., dishes and seasonings) as works of IP. (1) He made this request on grounds including trademark law and…
Maybe Duct Tape Can’t Fix Everything: Slippery Standards As Copyright Goes Bananas
Whether one focuses on the word’s connotation of silliness or excitement, or maybe even anger, or analogizes to the raucous and rhymingly-named team from Savannah that makes up its own baseball rules, US copyright law is currently going…
PRE-DETERMINED INDEMNIFICATION REGULATIONS FOR TRADEMARK INFRINGEMENT ACTIONS IN COLOMBIA
When litigating trademark infringement cases in Colombia, the issue arises as to how the plaintiff should provide valid evidence of the damages arising from the unauthorized use of a trademark, as well as to what admissible evidence may be used…
Can You Use Color Drawings or Photographs in Utility Patent Applications?
Suppose that you have an invention disclosure for a utility invention that you want to protect. When you review the invention disclosure, you notice that the inventor has only supplied color drawings or photographs of the invention. Can you file…
Is the Legal Test for Expressive Use of a Trademark on The Rocks? Jack Daniel’s Prevails at the Supreme Court
The Bottom Line
- The U.S. Supreme Court recently decided that, when using another’s trademark “as a designation of source for the infringer’s own goods,” one is not entitled to a First Amendment defense even if the use is a parody.
…
Delhi High Court holds that personality rights of deceased persons are not heritable
There has been immense activity surrounding the jurisprudence of celebrity rights in India with numerous judicial pronouncements in recent years. As regards legislation, there is no statute in India that expressly recognises the publicity or personality rights of individuals; therefore,…
Athens court rules on moral damages in software infringement case
Introduction
The Single-Member First-Instance Court of Athens recently dealt with three important legal issues:(1)
- the principle of exhaustion of rights;
- the amount and calculation of damages in copyright infringement cases; and
- moral damages suffered by legal entities or persons
…
Make Your Mark On History: Connecting Tradenames To Landmark Events, People & Places
The phrase “make your mark on history” is a commonplace one with several meanings and connotations.
It is one offered at many high school and college commencement speeches as an exhortation to graduates to have an impact beyond themselves–as future-President,…
When must public performances of musical works be reported to CMOs?
The introduction of Law 4481/2017 into the Greek legislation aimed to regulate the collective management of IP and relative rights, thus amending the EU Collective Rights Management Directive. (1) Specifically, in its regulation of the public performance of musical works incorporated…