Competition | Dekuzu

Some issues with trademark when it consists of surname

Published 21st November 2017

Kerry Earnhardt is the co-founder and CEO of KEI, the son of Dale Earnhardt (a professional race car driver who passed away in 2001), and the stepson of Teresa Earnhardt. In addition to racing cars professionally from 1992–2006, Kerry Earnhardt has developed other business ventures through KEI, including the EARNHARDT COLLECTION lifestyle brand. KEI has licensed the mark EARNHARDT COLLECTION to Schumacher Homes, Inc. for use in connection with custom home design and construction services.

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Mid-Term Review on the implementation of the Digital Single Market Strategy

Published 13th November 2017

The Commission has conducted a fact-finding exercise on platform-to-business trading practices. Preliminary results indicate that some online platforms are engaging in trading practices which are to the potential detriment of their professional users, such as the removal (‘delisting’) of products or services without due notice or without any effective possibility to contest the platform’s decision.

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The Russian ministry of culture has changed its mind about 5 mln roubles for permission to show movies on a big screen

Published 8th November 2017

Russian ministry of culture (MinCult) initially proposed to require 5 mln roubles for permission to distribute movies in Russian cinemas. Hollywood companies would survive it unlike other independent Russian companies, receiving funds for production from Russian state. “5 mln proposal” would exclude from distribution market many Russian companies and distributors, many premiers would be in internet, and the Hollywood would stay a “favorite of big screen”. That was not the purpose of MinCult.

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SWD Impact assessment on the modernisation of EU copyright rules – options to achieve the objectives (option 2)

Published 7th November 2017

Application of country of origin to the clearing of rights for broadcasters’ online services ancillary to their initial broadcast

Introduce a rule providing that as concerns the licensing of rights for certain online transmissions by broadcasting organisations, the copyright relevant act takes place solely in the MS where the broadcasting organisation is established. As a result, in order to provide certain services in the Union, rights would only need to be cleared for the “country of origin” (CoO) of the broadcasting organisation (and not for the countries of reception).

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Proposals to Directive on copyright in DSM – collaboration between ISP and rightholders

Published 31st October 2017

Collaboration between information society service providers and rightholders is essential for the functioning of the measures, such as content recognition technologies. These measures should be applied with regard to works and other subject-matter identified by rightholders at the request of such rightholders and in cooperation with them.

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Russian TV companies have reached agreement in order to guard their positions in market

Published 26th October 2017

Chiefs of Russian television companies – Russian First channel, All Russian tele-radio-broadcasting company, GasProm Media, STS media and National Media Group – have reached preliminary arrangement at the meeting. Russian TV companies want to protect brands and keep exclusive in popular TV shows without buyout of rights in content.

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Proposals to Directive on copyright in DSM – user generated content

Published 18th October 2017

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services storing and providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online.

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Music Choice’s public comment on collective management rules review

Published 2nd October 2017

In evaluating the rhetoric and proposals advanced by the PROs, and music publishers, it is important to be mindful of the distinction between a “fair market” and a “free market”. The copyright owners use these terms interchangeably, yet these terms are not synonymous. At the most basic level, “free market” rates are the rates that a seller would obtain in an idealized market, free from any government intervention in the form of taxes, subsidies, or regulation.

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It was proposed to impose sales tax on overseas online retailers in Russia

Published 21st September 2017

Russian association of online retailers (AKIT) has developed new amendments to Russian law. These amendments aim to impose additional tax on online outlets selling goods in Russian marketplace. If the companies, who would be obliged to pay new tax, will not pay this tax, the access to their web-sites, i.e. online trading platforms, will be restricted in Russia by Roskomnadzor at the request of Russian tax service.

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Proposals to Directive on copyright in DSM – Contract and remuneration matters

Published 19th September 2017

As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information, to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.

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Category: Competition