The recent decision of the Court of Justice of the European Union in Louboutin v Amazon raises a number of different issues for platforms facilitating sales by third party vendors. The decision represents a significant shift in the approach to the liability of intermediaries for trade mark infringement and, unusually, did not follow the opinion …
“More Valuable than Gold or Oil” – Commercialising your Copyright
It is reported (25 January 2023) that pop mega-star Justin Bieber has sold his rights to music created by him for an estimated $200 million (including rights to the successful hits “Baby” (2010) and “Sorry” (2015)). The buyer Hipgnosis (a $1 billion venture between Blackstone and the British Hipgnosis Song Management) has acquired Bieber’s rights …
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EU Copyright Directive – Is this the answer or will it leave creatives worse off?
Our interaction with the internet is an all-time high and as consumers reliance on it for delivery of services and products and for income generation continues to increase. The monetisation of IP throughout internet usage has increased exponentially in recent times and so the protection required for consumers and creatives has undergone a much needed …
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Fair Notice, Commercial Actions and not taking IP for granted
A recent Court of Session case about intellectual property highlights that even Pre-action Protocol correspondence cannot cure a failure to plead fair notice or a legally relevant case. BTO Associate Lynn Richmond discusses. The recent Court of Session decision in Westerton (UK) Limited v Edge Energy Limited has served as a reminder to practitioners of …
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Websites – Look before you leap…
Does your business have an online e-commerce platform or marketing website or are you in the process of developing a new website? Despite the ubiquity of the internet, we see a surprising number of issues arising from businesses launching or redeveloping their websites without obtaining adequate advice about domain names, intellectual property and data protection. …