intellectual property

Using the image of a public figure in memes: Where is the boundary?

Internet users don’t need to be told what a meme is. But for the sake of order, according to Merriam-Webster, a meme in this sense is defined as “an amusing or interesting item (such as a captioned picture or video) or genre of items that is spread widely online especially through social media.” Memes have found a home in virtual reality, not only in sites especially devoted to memes but also in social media and news sites, where memes are often used to illustrate comments on current political events.

Negative PR against a management board member or finance director: Does it concern the company?

Can a statement concerning an individual employed by or affiliated with a company infringe not only the reputation of the individual, but also the reputation of the company? What sort of connection with the company, and what sort of comment, can have such results? What can be the practical consequences for example in litigation? The analysis below is devoted to companies, but the remarks are universal and may generally apply to any legal person (such as a cooperative, foundation, local government entity, and so on).

When does a journalist infringe a company’s reputation?

The press enjoy the constitutional freedom of expression and fulfil citizens’ right to objective societal information, oversight and criticism. Where is the boundary the media must not cross before colliding with the personal rights of others? Can journalists report news derived from third parties, and are they required to report only true information?

Type of trademark and evaluation of its genuine use

The Court of Justice has finally resolved the case of an EU trademark displaying an X on the side of a sports shoe. The German company Deichmann SE sought revocation of the registration, claiming there was no genuine use of the mark.

Manufacturing waiver weakens SPCs

Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products entered into force on 1 July 2019. The regulation introduced a “manufacturing waiver” excluding certain acts by drug manufacturers in the EU from the protection awarded under supplementary protection certificates.

Omegatiming is only for Omega. But what about megatiming?

Sometimes after receiving a cease-and-desist letter, or during the course of litigation, an infringer will replace its disputed name with a new, modified name. But often such changes are unsatisfactory for the plaintiff and are also challenged. Are the defendant’s prior actions and the designations previously used by the defendant relevant to evaluation of the new, modified designation? How to assess a situation where the defendant modifies its name while attempting to maintain continuity with the one it previously used?