http://ipkitten.blogspot.com/2020/06/never-too-late-if-you-missed-ipkat-last_12.html
| This Kat is asserting her moral rights (to tuna) |
If you were taking a Kat-nap last week, rest assured that you can still keep up with this IPKat compilation.
Copyright
SpecialKat Chijioke Okorie considered the copyright implications of livestreaming in light of the Kenya Copyright Board’s recent clarification regarding rates payable by DJs/venues when they livestream recorded music.
GuestKat Thomas Key reported on a recent judgment of the US 9th Circuit Court of Appeals, which clarified the standard for the “single unit of publication” designation.
In further news from across the pond, fellow GuestKat Riana Harvey provided insight into the US Copyright Office Review Board’s affirmation of an initial refusal to allow the Academy of Motion Picture Arts and Sciences to register its logo (featuring a silhouette of the famous Oscar statuette) for copyright protection.
Questions around art in the built environment and copyright animated more than one Kat this week.
A guest post from Mira T. Sundara Rajan addressed the problem of what to do about the Picasso-Nesjar sculptures embedded in the wall of Norwegian government buildings damaged in a 2011 terror attack in relation to the artists’ moral rights.
SpecialKat Hayleigh Bosher reviewed The Cambridge Handbook of Copyright in Street Art and Graffiti, which offers a wide variety of perspectives and arguments on how the traditional contours of copyright law should mould to contemporary challenges.
Trade Marks
With a recent example from Singapore, Kat friend Chia Ling Koh illustrated the way in which an opponent need not hold a trade mark registration in order to launch a successful opposition, with the two-pronged application in the instant case failing to establish bad faith but succeeding in relation to passing off.
Other
Thomas Key also reviewed Pedro de Miguel Asensio’s recent book, Conflict of Laws on the Internet, deeming it a thorough overview of private international law issues arising in the online environment.
KatFriend John Shaw assessed the UK Intellectual Property Office’s latest report on Digital Culture and the effect of COVID-19 on its consumption.
Similarly, fellow KatFriend Béatrix de Russé provided her thoughts on the way in which SMEs must leverage their IP assets during the pandemic crisis, as well as outlining what 4IP can do to help them move to increased growth.
Finally, Eleonora Rosati alerted readers to this year’s online edition of the IP Law Summer School, including a special IPKat discount.
Never Too Late 267 [Week ending May 31] ‘XOXO’ word mark cannot be registered as a trade mark, says EU General Court | Beef in veggieland: Hague court rules that INCREDIBLE BURGER infringes IMPOSSIBLE BURGER trade mark | No longer Merck-y – High Court determines issues remitted by Court of Appeal in Merck trade mark dispute | Punitive damages introduced into the Draft of the Amended Copyright Law of China | First-ever Chinese civil code adopted at national legislature: no ‘IP section’, yet still relevant | Beijing Treaty in Africa series #1: Algeria (Implementing the Beijing Treaty on Audiovisual Performances in Africa) | The Ninth Circuit rules that The Moodsters characters are ineligible for copyright protection, denies panel and en banc rehearings: Daniels v. Walt Disney Company | The Chalk Pencil infringement claims have been erased: Lanard Toys v. Dolgencorp | Book review: The Making Available Right | Book review: The Confusion Test in European Trade Mark Law | Fashion Law London: The Virtual Fashion Law Update | WIPO launches own digital evidence service WIPO PROOF
Never Too Late 266 [Week ending May 24] Lessons in legal fudge from the EBA in Pepper (G3/19) | Bad faith grounds for invalidating EUTM containing Chinese characters | BREAKING: US Copyright Office finds current safe harbor system ‘unbalanced’ and ‘out of sync with Congress’ original intent’ | Milan court rules against Antonio Marras over unauthorized use of howling wolf photograph | Want to understand goodwill? Ask the cat, dog, rat and rabbit | Privacy rights and social media: can a person be prohibited from sharing online a picture of her grandson?
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