On 20 December 2018, the German Federal Court of Justice confirmed that photographs of public domain paintings are, in principle, protected by a copyright-related right in section 72 of the German Copyright Act (Case No. I ZR 104/17). The case involved a request to take down several pictures hosted on Wikimedia Commons—an online database of works distributed under Creative Commons licenses—as public domain images. All pictures featured art on display at the Reiss Engelhorn Museum in Mannheim, Germany. Continue Reading German Federal Court of Justice Confirms Copyright in Photographs of Public Domain Paintings
Konstantin von Werder is a counsel in the Intellectual Property practice of Mayer Brown´s Frankfurt office. He focuses on trademark and unfair competition law (UWG). He has extensive experience and expertise as a litigator and advises clients in legal disputes (warning letters, preliminary injunctions, actions on the merits). Konstantin also coordinates the infringement proceedings for his clients abroad. Furthermore, he advises national and international clients on patent, design and copyright law. Moreover, he has particular expertise and experience in drafting complex license and distribution agreements and in providing advice on research and development agreements. His clients include companies in the pharmaceuticals and automotive industry as well as in the hotel, catering and consumer goods sector.
On 13 November 2018, the Court of Justice of the European Union (CJEU) ruled that the taste of a food product could not be classified as a ”work” within the meaning of Directive 2001/29/EC and that national member state legislation could not be interpreted differently (Case C-310/17). While the CJEU did not deny the copyrightability of tastes in principle, it Continue Reading Court of Justice of the EU: No Copyright Protection for the Taste of Food – For Now
On 12 June 2018, the Court of Justice of the European Union (CJEU) ruled that Christian Louboutin’s red sole trademark was valid (Case C-163/16). The decision comes after years of litigation between Louboutin and Dutch footwear company Van Haren over the scope and validity of Louboutin’s trademark. Continue Reading Court of Justice of the EU: Louboutin’s Red Sole Trademark Is Valid
Christian Wulff, a former German Federal President who resigned in February 2012, caught the attention of the public in May 2015 with his announcement that he was back together with his ex-wife Bettina Wulff. Following this, the press published a photograph of him pushing a cart at the parking lot of a supermarket next to his wife, Bettina Wulff. Mr. Wulff felt hurt in his right to privacy. He filed a lawsuit aiming to prohibit the publication of this private photo. In first and second instance Mr. Wulff was successful; the German Federal Court now overruled the previous decisions and decided that Mr. Wulff’s right to privacy were not infringed by the publication of the photo. Continue Reading The Right to Privacy of a Former Federal President
Back in 2015 Constantin Film AG, the production company of the German movie „Fack ju Göhte“, filed an European Union trademark application (“EUTM”) for its movie title „Fack ju Göhte“ with the European Union Intellectual Property Office (“EUIPO”). The EUTM application was refused by the EUIPO based on an alleged infringement of public policy and common decency. On top of that, EUIPO was of the opinion that the title of the movie is an offensive insult that would damage the German highly respected writer Johann Wolfgang von Goethe posthumously. Constantin Film’s appeal against this decision was also not successful, so that they now brought that case before the General Court of the European Union. Continue Reading The General Court of the European Union Rules on the Immorality of the Movie Title „Fack ju Göhte“
Now that the time of the year has come, it seems like everything is all about finding the perfect gift, decorating your house in the most beautiful Christmas colors, baking Christmas cookies and of course, going to Christmas markets. But even while we are enjoying the peaceful and contemplative atmosphere – and obviously to drink one or the other mulled wines we are not spared from being confronted with the German trademark law. Insofar we would like to conclude this year with a decision of the German Patent Court which dates back to 2006, but which perfectly fits into the advent and Christmas season. Continue Reading We Wish You a Happy Christmas! Enjoy your time at the Christkindlesmarkt!
Trade marks will not only be associated with the company they origin from, but might also be associated with certain quality or ethical standards. Certain associations are using their trade marks only to license it to producers who fulfill a certain standard. While some jurisdictions recognize such use of a trade mark as sufficient to maintain trademark protection, the European Union Trade Mark Regulation (EUTMR) does only mentioning the term “genuine use” of a trade mark. On 8 June 2017, the Court of Justice of the European Union (CJEU) has decided whether using a trade mark only to indicate certain quality or ethical standards can be seen as “genuine use”. Continue Reading Court of Justice of The EU Ruled on the Use of Trade Marks as Indication of Quality
On 12 January 2017, the German Federal Court of Justice has handed down its second landmark decision on cheat software within three months. After clarifying the question under which conditions cheat software may constitute copyright infringement in October last year, the Federal Court of Justice has now decided that cheat software can constitute an act of unfair competition, too.
To be able to play online games, e.g. World of Warcraft (WoW) or Diablo III , it is necessary to download a client software and install it on the computer. Achieving progress within the game regularly takes several hours. To save time and to easily achieve the goals of the game some companies develop software, so-called cheat- or buddy-bots, allowing the player to overcome the challenges of the game automatically. Online game developers are not pleased by this fact, which is why they try to prevent the distribution of such cheat bots up front. Continue Reading German Federal Court of Justice Shows the Red Card to Cheat Software for Online Role-Playing Games
The question of whether a sequence of exercises, such as yoga poses or dance moves, can be copyrighted has occupied the attention of international courts, scholars and copyright offices for some time. In late 2015, the issue received some media attention when yoga guru Bikram Choudhur tried to gain a US copyright in a signature sequence of yoga poses but failed before the Court of Appeals for the Ninth Curcuit. Despite the effort of international copyright conventions, the question of copyrightability essentially remains a matter of national law. Continue Reading The Copyrightability of Yoga Poses, Dance Moves and Exercise Routines
According to the code of ethics of the International Association of Culinary Professionals, a culinary professional must not knowingly “appropriate […] any recipe or other intellectual property belonging to another without the proper recognition.” And, in addition to the ethical, there are legal issues. While copying culinary creations might not sound like a big deal to millennial food bloggers and vloggers, lawsuits—sometimes with high stakes—have been filed over (mis)appropriated recipes. But whether claims to a signature dish will hold up in court is a different question and will likely depend on the scope of protection of the applicable copyright law(s). Continue Reading Your IP Valentine: Can Recipes Be Protected by Copyright?