State of Play: online influencers

HOYNG ROKH MONEGIER represents the J.R. Simplot Company in a cross-border Community design dispute against McCain Foods, relating to the shape of Simplot’s proprietary twisted French fry potato product. Simplot argued McCain’s “Rustic Twist” french fry infringed their Community design.

On 28 October 2020, The EUCJ ruled in case C-637/19 that the transmission by electronic means of a protected work to a court, as evidence in judicial proceedings between individuals, is not a ‘communication to the public’ as it is communicated to a clearly defined and closed group of persons…