international

Big News for Small Copyright Claims?

by Lizbeth Hasse

Copyright Office considers new proposals for a copyright small claims court, but specifics are still lacking.

The story is familiar to many artists. A freelance photographer is surprised to find that an online service has reproduced a number of copyrighted images from her website. She reaches out to the organization with phone calls, offers to license her work for what she considers a reasonable fee, and drafts her own “cease and desist” letter. These all go unanswered. Realizing that her only remedy may be to sue, she seeks out an attorney who will file her case in federal court. But the case is too small; attorneys’ fees are high; it would take at least a year to litigate; and the recovery, if she wins, is uncertain. In the end, she simply gives up.

Louboutin Loses: The Red-Soled Plot Continues

by Lizbeth Hasse

Footwear designer Christian Louboutin, has just suffered another set-back in the company’s ongoing effort to own the red sole, this time in Louboutin’s native France. In 2008, Louboutin filed a lawsuit in Paris against Spanish clothing manufacturer and retailer Zara, after Zara sold a red-soled shoe. This May, the French Cour de Cassation (the French appeals court) irrevocably invalidated Louboutin’s trademark to the red sole in France. The decision appeared to rest on what some might consider a technicality, with the Cour de Cassation noting that Louboutin’s France trademark registration lacked a specific Pantone color reference, a standardized color reproduction code used universally in a variety of industries and in trademark registration[1]. Accordingly, the Cour de Cassation faulted the registration for its lack of precision and distinctiveness. Without the degree of precision that French law considers essential to a trademark, Louboutin was criticized for simply trying to maintain the registration of a “concept,” that of putting bright red soles on shoes produced by the same brand. A “concept,” said the Court, is not sufficient to justify trademark registration. Louboutin was also ordered to pay €2,500 (approximately $3,600) of Zara’s litigation costs for the failed legal action.

France Gives the “Feu Vert” to Google Books

by Lizbeth Hasse

The United States has yet to reach an agreement over the Google digital books project, but France, a literary haven and copyright devotee, has forged ahead.

With what its supporters have praised as a tool for bringing out-of-print books into the hands of new readers, the Google digital books project has sought to digitally scan collections of current and out-of-print books to create a massive digital collection on Google’s database.

German Court Ordered Google to Do More to Prevent Copyright Violations on YouTube

by Lizbeth Hasse

A German court ordered Google to install filters on its YouTube services in Germany in order to detect and stop people from accessing copyright infringing material.

While not holding Google fully liable for the uploaded material, Judge Heiner Steeneck did say that the company needed to do more to stop violations. The court order issued on April 20, 2012, however, is for Google a happy departure from the request made by GEMA, the German association that imposes and collects royalties on recorded media. GEMA had demanded that Google sort through its entire online music archive and remove all copyrighted material from its system. The judge rejected the request.