Posts

Showing posts from February, 2012

Injunctions against ISPs Part III: Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd. and Others

Image
After disappointments with Scarlet and Netlog, the withdrawal of SOPA and PIPA and Her Majesty's Government's acceptance of the Hargreaves Report, Big Copyright had something to cheer about.  In Dramatico Entertainment Ltd and Others v British Sky Broadcasting Ltd and Others [2012] EWHC 268 (Ch) (20 Feb 2012) Mr. Justice Arnold concluded that both users and operators of The Pirate Bay ("TPB") infringe the copyrights of the claimant record companies in the UK. TPB weren't there, of course.   As the judge noted at paragraph [12] of his judgment, one of the founders of TPB was believed to be in Cambodia but the others have scattered to the four winds. All attempts to serve them with Swedish proceedings have come to nought. Not surprising as they have all been convicted of offences there.

Not only were TPB missing from Dramatico but so too were the internet service providers ("ISPs") against whom orders under s.97A of the Copyright, Designs and Patents Act…

SABAM v Netlog - the Ghost of Denning stalks the corridors of Luxembourg

Netlog is a social network based in Gand in Belgium. According to the "About Netlog" page on its website it is available to 95 million users throughout Europe in 40 languages. It claims to be "page view market leader" (whatever that may mean) in  Belgium, Italy, Austria, Switzerland, Romania and Turkey and number 2 in France, Germany, the Netherlands and Portugal. I am ashamed to say until I read the decision of the Court of Justice of European Union in C-360/10, Belgische Vereniging van Auteurs, Componisten en Uitgevers CVBA (SABAM) v Netlog NV [2012] EUECJ C-360/10 I had never heard of this important continental institution but, hey, I'm South British so what do I know.

Apparently
"On Netlog, you can create your own web page with a blog, pictures, videos, events, playlists and much more to share with your friends. It is thus the ultimate tool to connect and communicate with your social network. Massive Media NV has developed a unique localization technol…

What is Intellectual Property? Coogan v News Group

"So what is intellectual property?" That is a question that I have been asked many times. By accountants and bank managers, clerks of factory chambers, instructing solicitors and even by fellow members of the Bar. Well now the Court of Appeal has provided an answer of sorts.   In  Coogan v News Group Newspapers Ltd and Another [2012] EWCA Civ 48 (1 Feb 2012) the question was whether mobile telephone voice mail messages were "intellectual property" for the purpose of s.72 of the Senior Courts Act 1981 and the Court of Appeal held that they were.

The question arose in the context of the privilege against self-incrimination. Unlike the United States which safeguards this privilege by the Fifth Amendment of its Constitution, it subsists at common law (see Blunt v Park Lane Hotel Ltd [1942] 2 KB 253) and is reinforced by s.14 of the Civil Evidence Act 1968. But there are loads of exceptions to this rule as the Master of the Rolls noted at paragraph [16] of his judgment…

Community Trade Marks: Specsavers v ASDA

Image
Specsavers (Specsavers International Healthcare Ltd., Specsavers BV, Specsavers Optical Group Ltd and Specsavers Optical Superstores Ltd) are a group of companies which offer glasses, contact lenses and the like at competitive prices.

Specsavers' Trade Marks
Specsavers have registered the following Community trade marks:

(1) 1321298 and 3418928
The word mark SPECSAVERS
("the word mark");

(2) 449256 and 1321348







("the shaded logo mark");

(3) 5608385








("the unshaded logo mark"); and

(4) 1358589







("the wordless logo mark")

The Claim
Specsavers brought an action for trade mark infringement and passing off against the supermarket chain ASDA (Asda Stores Ltd.) for the use of the following marketing materials:

(1) the ASDA Opticians' logo






as used in posters:

















(2) the following bill board:










and

(3) this leaflet:










ASDA's Counterclaims
ASDA denied infringement and passing off and counterclaimed for revocation of the wordless mark on the ground of non-u…