Can a company be sued for copyright infringement committed by its employee, a member or an agent if the offender committed the infringement while acting within the scope of the company's activities? Does the well-settled domestic case law on infringement of personality rights allow proceedings to be brought against both the legal person and the offender applicable? This article analyses a recent decision of the Hungarian Supreme Court(1) that provides answers to these questions.
Messi hit the legal news again, this time not because of his tax issues. In September, the match between the EUIPO and the world-famous football player, which was ongoing since 2011, finally ended. Messi won the match, as the European Court of Justice ruled that because of his significant reputation, his name can be registered as a trademark despite the fact that it is similar to several earlier trademarks, which is otherwise a ground for exclusion. In our short article, we summarise the details of the case and the legal significance of the decision.
Do you plan to register a word or slogan as a trademark in Hungary? You should be careful, if you plan to refer to your company’s activities, because using general and describing words may cause problems either during the registration procedure, or later when someone else wishes to use your trademark. This time we will focus on the importance of having a unique trademark.
What can be the basis of deletion if somebody has a registered trademark which is identical to the name of a world-famous footballer? What are the factors to consider when assessing whether the trademark applicant acted in bad faith? In his fresh judgement, the Court of Justice of the European Union gave answer to these questions and we shortly summarize them.
In case trademarked goods have been put on the market by the proprietor or with his consent in the EEA, the exhaustion rule allows the parallel importer to further commercialize those products. However, this is not the case, if the trademark proprietor has legitimate reasons to oppose the commercialization. In this article we summarize the main cases when the proprietor can prohibit the use of the trademark.
Is it considered as a trademark infringement if a similar sign as the trademark has been put on products which are different from those for which the trademark is registered? Can the trademark-owner prevent such a usage? The European Court of Justice answered those questions in his very fresh judgement which revolved around a toothpaste. In our article we summarize the decision of the Court.
A trademark right gives the proprietor the sole right to use and exploit the trademark and to prohibit others form using that trademark. However, there is an exception from this general prohibition, which is the principle of exhaustion giving possibility for parallel importers to commercialize trademarked goods. In this article we summarize when trademark rights are exhausted under the EU law.
It has not been a good start for McDonald’s this year, as in January, the news that the major company has lost its EU trademark protecting BIG MAC spread like wildfire. Since the decision can be subject to an appeal, it would be premature to consider the loss of the trademark as a fact, however, the lesson can already be drawn, which we present in our article along with the details of the case.
Which artworks are protected in the European Union by copyright? Due to the constant development of technology and art the answer shall be reconsidered from time-to time. In our article we address this question on the basis of the landmark judgments of the European Court of Justice delivered in the field of copyright.
The Court of Justice of the European Union has ruled in a case, where the main question was whether the taste of a cheese product may be eligible for copyright protection under EU law. We summarize the case and answer the question what constitutes a “work of art” under EU copyright law.