Playtime is over: EU court rules hyperlinks infringe copyright

Earlier this month, the Court of Justice of the European Union (CJEU) confirmed that hyperlinking to creative works protected by copyright (i.e. protected works) can constitute infringement where such works have been made available to the public on the internet without the consent of the copyright owner. This confirmation will undoubtedly have significant ramifications, particularly…

Specsavers: UK Intellectual Property Office approves “SHOULD’VE” trade mark application

Earlier this month, the UK Intellectual Property Office published a trade mark application made on behalf of Specsavers B.V. for the word “SHOULD’VE” / “SHOULDVE”. The company has had trade mark protection for its well-known marketing phrase “SHOULD’VE GONE TO SPECSAVERS” for over a decade. It would not be the first time that trade mark…

The Real McCoy

In 2013, McDonald’s won a case in the EU Intellectual Property Office (then the Office for Harmonization in the Internal Market) challenging the “MacCoffee” trade mark used by Future Enterprises (a company based in Singapore) for food and beverages. In July 2016, McDonald’s won again in the EU General Court (the EU’s second highest court)…

Wikimedia Sweden left ‘greatly disappointed’ after court ruling

Wikimedia is part of the not-for-profit foundation that oversees Wikipedia and was found by Sweden’s highest court to have violated copyright laws by providing free access to its database of public artwork without the artists’ consent. The Visual Copyright Society in Sweden (BUS) is a group that represents painters, photographers, illustrators and designers (among others)…