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Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through

Copyright Infringement in the Digital Age: Guidance from the CJEU on How to Find Your Way Through

by Sean Hutchinson | Aug 19, 2026 | Designs & Copyright

Background The Anne Frank Fund is the owner of copyright in The Diary of Anne Frank. Since The Diary was written in the early 1940s, the relevant copyright has now expired in many EU Member States. Importantly, the relevant copyright has expired in Belgium, but not in...
When the window moves but the law does not: Motion marks at EUIPO

When the window moves but the law does not: Motion marks at EUIPO

by Agne Augustinaite | Apr 2, 2026 | Designs & Copyright

Background The applicant Kct GmbH & Co. KG filed an application for a motion mark depicting the opening and closing of a window, as depicted below. The EUIPO rejected the application for lack of distinctiveness, and the Board of Appeal upheld that decision,...
The CJEU Considers Infringement of a LEGO Registered Design Right Through the Eyes of the “Informed User”

The CJEU Considers Infringement of a LEGO Registered Design Right Through the Eyes of the “Informed User”

by David Eyre | Nov 5, 2025 | Designs & Copyright

Background  LEGO A/S (‘LEGO’) owns the following registered Community designs (‘RCD’) for ‘building blocks from a toy building set’ (Locarno class 21.01):  – RCD no. 001950981-0001  – RCD no. 002137190-0002  The defendant, Pozitív Energiaforrás Kft....
Safestand stands taller as Court of Appeal finds trestle designs valid

Safestand stands taller as Court of Appeal finds trestle designs valid

by Carolyn Haywood | Jun 3, 2025 | Designs & Copyright

Background The present decision stems from an appeal by Safestand against an order of the High Court declaring three of its UK registered designs (90002293490001 (“RRD 0001”), 90003121450004 (“RRD 0004”) and 90003121450005 (“RRD 0005”) (collectively, “the...
“A Single Piece of American Cheese” Leading the Way to Change at the US Copyright Office

“A Single Piece of American Cheese” Leading the Way to Change at the US Copyright Office

by Chloe Sullivan | Mar 10, 2025 | Designs & Copyright, US & International

The original AI image was modified by Kent Keirsey, CEO of Invoke AI and also the owner of the copyright registration in question. The image was modified using a technique called inpainting. The application to register “A Single Piece of American Cheese” was initially...
EU Design Law is Changing: First Significant Divergence in UK and EU IP Law Since Brexit

EU Design Law is Changing: First Significant Divergence in UK and EU IP Law Since Brexit

by Sean Hutchinson | Nov 27, 2024 | Designs & Copyright, UK, US & International

Background The UK’s decision to leave the EU has had a significant impact on both the UK and the EU, ranging from disputes over our future trading relationship to subsidies for farmers. However, the effect of Brexit on IP legislation is talked about much less often....
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