Every weekend, it is the compilation of the news of the intellectual property and its drifts, concocted by Lionel Maurel and Thomas Fourmeux, specialists of the question of the copyright.
This week, the Copyright Madness returns to Adidas and its three bands, a conflict mixing Clara Morgane with champagne but also on a legal issue: the violation of a patent used on a prototype is it a counterfeit? Enjoy reading and see you next week!
Casino. When competition is tough, we often see companies pull out the copyright card to oust a challenger. This is exactly the strategy deployed by a company that publishes a lottery contest application based on a video advertising system. This company has not been respectful of the competition since it has put in residence the editor of a similar solution, brandishing the arguments of counterfeiting and unfair competition. It accuses him of offering software that allows you to participate in a draw, which is in a way to claim a right on the principle of the game. Fortunately, the court rejected this request and explained that it did not see how its application was original. However, the court has admitted the complaint of unfair competition, because of the confusion with consumers that this may cause. At that point, we will have to do a great cleaning in the application shops.
CC Statmanharris Propaganda. We have already pinned in the Copyright Madness cases of educational programs relating to the awareness of students of copyright, which explain among other things that downloading is bad! Recently, a member of La République en Marche wrote a letter to the Minister of National Education expressing his concern about young people and their relationship to counterfeiting. The parliamentarian proposes some ways for Jean-Michel Blanquer to integrate courses on intellectual property so that teenagers understand that they break the heart of rights holders when they download illegally. This member of Parliament might be well advised to go back to school to learn to read because the code of education already provides teaching time for intellectual property awareness.
To read on Numerama: A Member wants to inculcate copyright in school. But it's already planned
Sport. Huge relief for the Adidas equipment manufacturer who finally won after several years of proceedings. The Court of the European Union has just confirmed the three-band mark in a case against a company that wanted to market shoes with two bands on one of the flanks. If the European Union Intellectual Property Office had validated the registration on the basis that there was no likelihood of confusion, the Court just invalidated the registration, confirming at the same time that Adidas holds a monopoly on the bands. Morality, do not walk on the flat Adidas.
CC sjugge Complaint against X. Intellectual property is like alcohol: in large quantities, it can cause attacks of delirium tremens. A curious affair opposes a descendant of the Cazanove family to the famous champagne house. The latter produced a special cuvée in collaboration with Clara Morgane. The descendant of Charles Cazanove moderately appreciated this commercial operation and decided to sue the brand for the protection of the name and the right of respect for the person. Obviously, the count does not tolerate that his name is associated with that of a former actress porn movies. It is well known, with champagne, do not push the cap too far!
CC Kris BakerThe Little Robert. We regularly mention attempts to misappropriate common language words, or even letters. This time, we learn that tens of thousands of words in everyday language have already been the subject of a trademark registration. The dictionary is sauced and the words become the exclusive property of a few if we look at it from the point of view of the law. Any type of word can be appropriated. In English, for example, the word "the" has been registered as a trademark. One wonders how many times the word "bullshit" has been recorded …
CC Dariusz SankowskiPatent Madness
Forced landing. Can there be patent infringement for a product that is not marketed? That's the whole question the Court of Cassation had to answer in a case between Airbus Helicopters and Bell Helicopter. Airbus has a patent on a landing gear for helicopters and has attacked its competitor for patent infringement because its competitor has unveiled a helicopter equipped with this famous landing gear, incorporating some modifications. Where things get more complex is that the product developed by Bell Helicopters is only a prototype that is not intended for marketing. It was unveiled to a small circle of specialists. Since then, are the economic interests of Airbus really threatened? And will one day think of a patented invention as counterfeit?
CC pilot_michaOscars. In full news of the Oscars and Caesars, this case of patent madness falls perfectly. Two companies offering similar services are entangled in patent infringement charges. MoviePass is a company that offers a movie ticket sales service. By subscribing, customers have the right to watch a movie a day at the cinema, at no additional cost, in addition to their monthly subscription. MoviePass is not the only player in this sector; he is competing with a band called Sinemia, which offers more or less the same thing. Only the duration and the number of films per month vary. Feeling threatened by the emergence of this competitor, the MoviePass company invokes the patent infringement. We prepare the popcorn and wait for the outcome of the trial.
CC M4tikThe Copyright Madness is offered to you by:
Thank you to all those who help us to make this column, published under a Creative Commons Zero license, notably by pointing out cases of drifting on Twitter with the hashtag #CopyrightMadness!
Photo credit of one: Athul Adhu