Category

Intellectual Property

European courts weigh in on the interaction between intellectual property and (other) human rights

February 21, 2013, ,
The two highest judicial institutions in Europe – European Court of Human Rights (ECtHR) and Court of Justice of the European Union (CJEU) – recently issued judgments concerning the relationship...
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Kitkat, Hershey, Guylian, Mars,…Not all chocolates are trademark-equal

January 31, 2013, ,
Why are some chocolate shapes, and shapes of other candy, protected as trademarks and other shapes are not? The question comes to mind after reading the decision of 12 December 2012 whereby...
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Amendments of 30 January 2013 to the Serbian Trademark Act

January 31, 2013, ,
On 30 January 2013, the Serbian parliament adopted amendments to the Trademark Act of 2009. Most changes concern procedural aspects of the enforcement in case of an infringement. The remainder of the...
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Belgrade court missed an opportunity to clarify the originality of an article

January 23, 2013, ,
The High Court in Belgrade recently decided a case in which the central issue was the originality of a plaintiff’s article published in a magazine and later re-published on her...
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Supreme Court of Cassation: Commercial courts have no jurisdiction over trademark disputes between non-commercial legal entities

December 20, 2012, ,
On 9 November 2012, the Serbian Supreme Court of Cassation (SCC) passed a decision resolving the negative conflict of competence that had arisen between the High Court in Belgrade and...
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“Exit” Festival and Foreign Producers of Phonograms: New Challenge for O.F.P.S.

December 18, 2012, ,
The previous post described how the Serbian Commercial Appellate Court denied, in May of this year, a request by the Organization of Phonogram Producers of Serbia (O.F.P.S.) to collect royalties...
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Serbian O.F.P.S. cannot collect royalties for Italian music without an agreement with Italian collecting society

December 13, 2012, ,
Earlier this year, the Serbian Commercial Appellate Court ruled that the Organization of Phonogram Producers of Serbia (O.F.P.S.) had no valid claim to royalties for communication to the public of...
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Chianti wines: Dilution possible where marks for identical products are not confusingly similar

December 11, 2012, ,
The General Court of the Court of Justice of the European Union ruled last Wednesday that there was no likelihood of confusion between the figurative signs featuring a rooster as...
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ECJ: Vital&Fit trademark confusion case

October 31, 2012 and , ,
The Court of Justice of the European Union (General Court) ruled on 25 October 2012 in riha Richard Hartinger Getränke GmbH & Co. Handels-KG v. OHIMabout the likelihood of confusion between a...
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Unauthorized use of trademarks and copyrighted works in movie scenes

October 29, 2012, , ,
The blawgosphere has reacted with consternation to the news that Faulkner Literary Rights, LLC sued Sony Pictures Classics, Inc. on October 25, 2012, over the use of nine words from...
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