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Lidl v Tesco – Court of Appeal overturns copyright infringement finding

Kluwer Copyright Blog

On 19 March 2024, the Court of Appeal handed down its decision on the appeal in the Lidl v Tesco case ( [2024] EWCA Civ 262 ), holding as follows. By the time of trial, Lidl’s copyright claim was that the CCP Signs infringed the copyright subsisting in the Mark with Text shown below.

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Supermarket Showdown (Lidl v Tesco) – Lidl’s rights (trade marks and copyright) in the Lidl logo are infringed by Tesco’s “Clubcard Price” signs

Kluwer Copyright Blog

Copyright infringement – Copyright subsists in the Lidl logo and this was copied by Tesco in creating their Clubcard Price(s) signs. On copyright subsistence, the judge held that the Mark with Text is an artistic work, failing within the sub-category of “graphic works”.

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Oh Dear, Piglet, They Kept My Shirt!

IPilogue

While many were observing the new year, intellectual property scholars and the artistic community were celebrating Public Domain Day. January 1 st marks the expiration of most jurisdictions’ copyright terms. The previously copyrighted works enter the public domain, free to use and copy. In 2022, A. public domain.

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SpicyIP Weekly Review (March 4-March 10)

SpicyIP

Case Summaries Therelek Machines Private Limited vs Therelek Engineers Private Limited on 28 February, 2024 (Karnataka High Court) The petitioner challenged the rejection of its interim application under Section 124 of the Trade Marks Act, seeking a stay in a suit for trademark infringement.

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Free Mickey? (Don’t Be Goofy)

LexBlog IP

January 1, 2024, brought numerous hangovers along with an unprecedented amount of media attention to intellectual property law. Freed from the shackles of copyright, Walt Disney’s iconic rodent was now in the public domain and, therefore, available for everyone to copy. Copyright terms have been on a steady upward march.

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The Interplay of Personality Rights and Freedom of Expression- the Jackie Shroff’s Case’

IP and Legal Filings

Copyright laws also provide plausible remedies for enforcing one’s right to personality. It usually entails review, commentary, satire, comedy, criticism over the original work. This is where it usually becomes difficult to draw a fine line between fair use and copyright infringement. Peppy Store, 2024 SCC OnLine Del 3664. [2]

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SpicyIP Weekly Review (February 05- February 11)

SpicyIP

Comments on the Proposed Trademarks (1st Amendment) Rules, 2024 The recently proposed Trademark Rules amendments were open for comments in a period ending today. Image from here A SARAL Analysis of the Proposed Trade Marks (1st Amendment) Rules, 2024 Just Keep it Simple! Well, it appears the courts think most consumers would.