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“El TORO LOCO”: when a Monster truck show amounts to both trade mark and copyright infringement

The IPKat

In July 2019, a cease-and-desist letter was sent to the company H Z without much effect. On 20 April 2022, Feld Motor Sports brought a claim against the company H Z for trade mark and copyright infringement before the Tribunal judiciaire of Paris. The court first tackled trademark infringement.

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How far one must go to obtain a website blocking order

The IPKat

8(3) of Directive 2001/29/EC against internet service providers (ISPs) are compatible with EU law, various courts in current (and former) EU Member States granted such orders, e.g. in Austria , Greece and the UK [ here and here ]. The identity of the operators of ‘LibGen’ and ‘Sci-Hub’ was unclear. The Supreme Court’s decision Sec.

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LimeWire to Return to Sell NFTs

Plagiarism Today

Initially released in May 2000, Limewire was a peer-to-peer file sharing service that found a great deal of success and infamy following the closure of Napster in July 2001. Much of that perception comes from issues that NFTs have had, One of the more common ones is plagiarism and copyright infringement.

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Germany: Liability of hosting providers under copyright law if they have breached a duty of care – The German BGH ends mere ‘Stoererhaftung’

Kluwer Copyright Blog

Therefore, case law plays a huge role in ensuring the establishment of a fair and balanced liability regime, in particular as concerns the issue of (indirect) liability for internet service providers and other intermediaries whose services are used to commit copyright infringements. The resulting conclusion in the BGH case law (e.g.,

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

2001), the court found that: if the promise [in a contract] amounts only to a promise to refrain from reproducing, performing, distributing or displaying the work, then the contract claim is preempted. This logic has been adopted by the Fifth, Eleventh, and Federal Circuits (and maybe the First Circuit). In Wrench Ltd. Taco Bell Corp. ,

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Austrian Supreme Court finds YouTube not responsible for copyright infringements by users

Kluwer Copyright Blog

The Austrian Supreme Court held that YouTube – as a host service provider – was not responsible for copyright infringements by its users as long as it was not put on notice of the infringements (17. Puls 4 had argued that YouTube was responsible for copyright infringement by its users. 2021, 4 Ob 132/21x ).

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Copyright case law of the German Bundesgerichtshof 2015 – 2019 – Part 4 of 4: Copyright contract law and enforcement

Kluwer Copyright Blog

Section 95a UrhG stipulates that technical measures employed for the protection of a copyrighted work or protected subject matter may not be circumvented without the authorisation of the rightholder, Section 95a UrhG being the transposition into German law of Article 6 of the InfoSoc Directive (2001/29). Claims under copyright law.