24 February 2015

Copyright law: You can now bring legal action in any EU country where a website is accessible

On 22 January 2015, the European Court of Justice ruled in the case Pez Hejduk vs. EnergieAgentur, NRW GmbH (case C-441/13). The Court definitively established that in cases concerning copyright infringements on the Internet, you may bring legal action in all EU countries where the material is accessible. The Court thereby confirmed its ruling from October 2013 in the Pinckney case (case C-170/12).

The Court's ruling in the Pinckney case stated that legal action may be commenced concerning copyright infringements on the Internet under article 5, no. 3 of the Brussels I Regulation (regulation no. 44/2001).

With the recent ruling, the Court has established that you may bring legal action in all EU countries where there is 1) protection of copyright and 2) a risk of damage. 

The ruling also throws more light on the legal position.

PEZ HEJDUK VS. ENERGIEAGENTUR: HOW TO BRING LEGAL ACTION CONCERNING COPYRIGHT INFRINGEMENTS ON THE INTERNET

The case concerned the architectural photographer Pez Hejduk bringing legal action in Austria against a German company arranging conferences.

Pez Hejduk claimed that her copyright had been infringed as the German company had made some of her photos available on its website without her permission or a copyright statement. 

The German company claimed dismissal stating that the Austrian court was not the proper forum to hear the question as the company's website was not aimed at the Austrian market. The website did not market itself against the Austrian market, and the domain name ended on ".de". 

RULING

The Court ruled based on section 5, no. 3 of the Brussels I Regulation establishing that, according to case law, it was not important that the website was not aimed at the member state where the action was brought. 

On the contrary, it was relevant that the photos were protected by Austrian copyright law, and that they were made available in Austria through the German website. The alleged damage - or the risk of damage - was therefore considered to have occurred in Austria, which was decisive for the Austrian court having authority to hear the case even though the opponent was a German company.

As in the Pinckney case, the Court also found that the Austrian court could only decide on the infringements committed in Austria. 

You may therefore conclude that there are good possibilities within the EU of bringing legal action concerning a copyright infringement on the Internet.

Gambling news from Denmark October 2017

17 October 2017

A brief update on current affairs on the Danish gambling market.

Green Tech Challenge 2017

27 September 2017

Horten supports the Green Tech Challenge with a team of advisors and a financial contribution. The Green Tech Challenge supports a number of selected Nordic tech companies with a strong sustainable agenda to optimise their businesses.

Self-damage is (still) not considered damage caused by a defective product according to product liability law

21 September 2017

On 13 September 2017, the Supreme Court dismissed a claim for compensation against a manufacturer of marine engines for a shipping company’s loss as a consequence of wear damage to the marine engines.

Compliance: E-leaning in competition law

20 September 2017

Horten now offers e-learning in competition law tailored to each company.

Exclusivity discounts: the Intel case, including record-high fine is remitted

20 September 2017

The European Court of Justice ruled that a dominant company's use of excklusivity discounts does not always constitue abuse of the company's dominant position.

European ip rights in Great Britain after Brexit

19 September 2017

Great Britain's exit from the EU will create uncertainty for both British and EU27 companies in relation to the extent and protection of intellectual property rights in Great Britain. It is therefore of great interest and importance to clarify the consequences of Great Britain’s exit and how to handle them.

ATP makes investment in Copenhagen Airports - tender offer expected

15 September 2017

Copenhagen Airports (Nasdaq Copenhagen listed; ticker: KBHL:DC), the operator of the largest airport in the Nordic Region, announced on September 13 that ATP together with Ontario Teachers' Pension Plan had agreed to purchase a stake in Copenhagen Airports bringing joint control over 57.7 per cent of all shares and votes.

Denmark accedes to the convention on jurisdiction

14 September 2017

On 30 May 2017, the Danish parliament adopted a bill stating that Denmark accedes to the Hague convention on jurisdiction of 30 June 2005 (the Convention on jurisdiction). The bill came into force on 1 July 2017.

The edtech company Labster announces Series A investment

7 September 2017

Labster recently announced a Series A investment round of $ 10 million with the participation of the venture capital funds Balderton Capital and Northzone.

Supplier of components wins long-term arbitration case

23 August 2017

Horten has conducted and won a comprehensive international arbitration case on behalf of Bollfilter Nordic ApS. Bollfilter Nordic ApS is part of the German group BOLL & KIRCH Filterbau GmbH, which is one of the world’s leading suppliers of filtration solutions, including to the maritime industry.

The Maritime and Commercial High Court states: Hästens' trademark infringed

18 August 2017

The Maritime and Commercial High Court has ruled that Hästens Sängar AB’s blue check pattern is a (well-known) trademark in Denmark. The manufacturer Nordicform AS, Magasin and a number of other distributors have thereby infringed Hästens’ trademark rights and violated the Danish Marketing Practices Act by selling bedclothes with the blue check pattern, and they must pay compensation.

New partner at Horten

15 August 2017

Horten Law Firm has admitted Christian Gregersen as equity partner.

The world’s largest e-sports tournament is coming to Denmark

14 August 2017

In December 2017 and for the next two years, Arena Fyn in Odense will host the finals of the world’s largest e-sports tournament - ESL Pro League - in the computer game Counter Strike. Horten has assisted Odense municipality in connection with the legal framework of the tournament.

Baltic Gas Pipe Project continues

26 July 2017

Phase 1 of the Open Season 2017 for the Baltic Pipe Project showed sufficient demand for gas transportation – making it possible for the activities to continue.

New oil and gas strategy for the North Sea

4 July 2017

A new oil and gas strategy has been set out for the Danish part of the North Sea. The strategy was prepared in cooperation between the industry, the DEA and GEUS to ensure optimal exploitation of the Danish resources.

Still waiting for a European Patent Court

20 June 2017

The agreement concerning the European Patent Court is once again delayed. The agreement concerning the establishment of a so-called unitary patent and a joint patent court was planned to come into force in December 2017, but this will presumably not be the case.

White Paper concerning the data protection regulation has arrived

29 May 2017

The Ministry of Justice has now published the long awaited White Paper concerning the data protection regulation and the legal framework for Danish legislation in this respect.

Final sale of LM Wind Power to General Electric

1 May 2017

The actual takeover of LM Wind Power took place on 20 April 2017 following the competition authorities' approval in the EU, USA, China and Brazil.

Honors to M&A partner Lise Lotte Hjerrild

25 April 2017

Partner Lise Lotte Hjerrild is appointed to the Steering Group of the International M&A and Joint Venture Committee of the American Bar Association and Women in Law Awards 2017.

Horten advances in new Chambers and Legal 500 rankings

19 April 2017

In 2017, the leading international ranking agencies, Legal 500 and Chambers, are once again ranking Horten among the best law firms in Denmark.

Gambling news - April 2017

1 April 2017

This is a brief update on current affairs at the Danish gambling market. This update addresses the status on the new Danish Anti Money Laundering Act and update on the Swedish liberalization.

Four new specialised attorneys at Horten

7 March 2017

Horten has appointed four new specialised attorneys having in-depth professional and commercial expertise within personal data law, environmental and planning law, energy and supply law and tax law.

Gambling news - March 2017

1 March 2017

This is a brief update on current affairs on the Danish gambling market.

New action plan for the implementation of the regulation on data protection

30 January 2017

The Article 29 group has adopted a new action plan listing which subjects the group will prioritise in 2017 to ensure an effective implementation of the regulation on data protection.

Data protection officer – who, when, what?

12 January 2017

The so-called Article 29 group has adopted a set of guidelines covering data protection officers, which will provide more clarity with regard to the data protection officer's assignments, position and liability.

Global Leaders in Law appoints Horten as exclusive partner for Denmark

10 January 2017

Global Leaders in Law, the leading global general counsel forum based in London, and Horten has announced partnership. Appointed as a global bronze partner, Horten will sponsor the activities of Global Leaders in Law in 2017.

New partners

4 January 2017

With effect from 1 January 2017, Horten appointed Lars Lüneborg and Julie Arnth Jørgensen as partners.

Gambling news - December 2016

1 December 2016

This is a brief update on current affairs on the Danish gambling market.

Greenland adopts personal data act

22 November 2016

From 1 December 2016, the Personal Data Act became effective in Greenland at the request of the Greenland Home Rule. The Act replaces the data protection legislation from 1978, which has applied in Greenland until now.

New Advisory Board is to advise the government on a circular economy

2 November 2016

The government has set up an Advisory Board consisting of Danish business executives, who are going to advise the government on a circular economy thereby increasing enterprises' earning opportunities, promoting a more efficient utilisation of resources and minimising the environmental impact. The new measure was presented by the Minister of the Environment and Food, Esben Lunde Larsen, and the Minister of Business and Growth, Troels Lund Poulsen.

Dynamic IP addresses may constitute personal data

19 October 2016

The European Court of Justice recently ruled in C-582/14 that a dynamic IP address may constitute personal data.

Aid to the Eurovision Song Contest was not illegal under municipal and state aid law

14 October 2016

On 12 October 2016, the Ministry of Social Affairs and the Interior concluded in a statement that the aid provided through Projektselskabet by the City of Copenhagen and the Capital Region of Denmark to the Eurovision Song Contest in 2014 was legal.

The Data Protection Agency: Understand the requirements for employees' processing of personal data

7 October 2016

In a recent decision, the Data Protection Agency criticised a municipality's control of the data security based on unauthorised persons' access to sensitive personal data stored on an employee's private IT equipment.

Horten on two committees at the Confederation of Danish Industry, DI

3 October 2016

DI has re-appointed Søren Hornbæk Svendsen as member of the Energy and Climate Policy Committee and Nina Henningsen as member of the Media Policy Committee.

Internet media under pressure because of new EU ruling

15 September 2016

The latest ruling on hyper links and copyright confirms previous case law and adds a new rule of presumption, which may threaten the existence of some Internet media.

Easier for customs to stop copied products

14 September 2016

According to new EU rules, the owner of a product must, in the event of a trademark dispute, prove that the product is not a copy.

Circle K wins over OK in legal action concerning a new logo - Horten assisted Circle K

25 August 2016

Horten has assisted Circle K in a legal action against OK. OK claimed that Circle K's new logo infringed the company's trademark rights to OK and was therefore contrary to the Trademark Act.

New partner

15 August 2016

Horten strengthens the partner group and the expertise within environmental and public law with the admission of partner Anne Sophie K. Vilsbøll.

Horten advises Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg

7 July 2016

Horten has advised Carlsberg Byen on the construction, financing and transfer of UCC Campus Carlsberg from NCC (contractor) to Carlsberg Byen (owner) and from Carlsberg Byen to University College UCC.

New rules on trade secrets in the pipeline

27 June 2016

At the end of 2013, the European Commission presented a draft directive on the legal protection of trade secrets. After more than two years' negotiations between the European Commission, the European Parliament and the Member States, political agreement was reached on a final draft shortly before Christmas. The revised directive was finally adopted by the Council on 26 May 2016.

New agreement on municipalities' economy in 2017

13 June 2016

The day after the Government and the Danish Regions presented an agreement on the regions' economy in 2017, it was published that the Government had also concluded an agreement with KL on the municipalities' economy in 2017.

Horten is promoted to the gold tier for 2016 in IAM Patent 1000

8 June 2016

Glowing reports from peers and patrons see Horten promoted to the gold tier for 2016. It is “a force to be reckoned with in high-stakes litigation”.

Eckes-Granini acquires Rynkeby Foods A/S

19 May 2016

German-based Eckes-Granini Group GmbH (‘Eckes-Granini’), the leading producer of branded fruit-based beverages in Europe, has on 18 May 2010 acquired Rynkeby Foods A/S.

New ratings from the international reference book Legal 500

4 May 2016

There are several good news for Horten in the new rankings, among these to new Tier 1-ratings in Media & entertainment and Telecoms.

Final adoption of the new personal data regulation

14 April 2016

The European Parliament has adopted the new personal data regulation together with the rest of the data protection reform.

New association: The Danish association for marketing law

13 April 2016

11 of Denmark's leading experts within marketing law have established the Danish Association for Marketing Law. The association's first arrangement will take place on 3 May and focus on hidden advertising.

International women lawyers discuss the future of the legal profession

6 April 2016

Horten participates when 150 lawyers from all over the world meet in Berlin on 7-8 April under the headline "Law in a changing world – how women can contribute to innovation of the legal profession".

Gambling news - April 2016

1 April 2016

This is a brief update on current affairs at the Danish gambling market.

Horten Corporate Day 2016 - Danish companies at the forefront

18 March 2016

At Horten's Corporate Day 2016 on 16 March, Danish and foreign executives and experts gave their views on the trends and opportunities of the Danish business sector. Horten will repeat the success next year with Horten Corporate Day 2017.

Publication of draft Privacy Shield between the EU and the USA

8 March 2016

At the beginning of February 2016, it was reported that the European Commission and the USA had politically agreed on a new scheme replacing the Safe Harbour scheme concerning transfer of personal data from the EU to the USA.

The Eastern High Court: Pressalit infringed Tivoli's trademark and breached the licence agreement

2 March 2016

In January 2016, the Eastern High Court ruled in the appeal proceedings between Tivoli A/S and Pressalit Group A/S.

Gambling news - March 2016

1 March 2016

This is a brief update on current affairs at the Danish gambling market.

Insurance broker avoided claim for compensation of more than DKK 1.7 million despite insufficient advice

18 February 2016

In a recent ruling, the Eastern High Court stated that insurance advice which is not in accordance with the Executive Order on the good practices of insurance brokers may form the basis of a claim for compensation.

The Supreme Court did not set aside an arbitration award

10 February 2016

A new Supreme Court ruling concerning compensation for breach of a distributor agreement emphasises the binding character of awards.

The Eastern High Court: Label infringes design right

9 February 2016

Horten represented the manufacturer of a diaper pail, Sangenic, and the High Court ruled that the use of a picture of the design-protected pail constituted an infringement of the design right.

New online dispute portal and requirements for web shops

19 January 2016

In the future, all Danish and EU web shops must link to the pan-European online dispute portal ODR (Online Dispute Resolution). ODR will be available from 15 February 2016.

New survey: Horten among the best within trademarks

18 January 2016

The recognised international magazine World Trademark Review (WTR) elects Horten as one of the country's leading advisers within trademark law.