European Media Law: Case Law of the Court of Justice of the EU

This e-presentation gives a quick overview of a selected number of adopted and pending cases of the Court of Justice of the European Union with an impact on the media sector. These cases concern the implementation of the EU legal framework for trade marks, the E-Commerce Directive in combination with the InfoSoc Directive, as well as the Audio-visual Media Services Directive.

Prof. Dr. Mark D. Cole

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Question 1 of 3

**Question 1: In the decision Sky v. Skype of the General Court of the European Union concerning likelihood of confusion in trade mark law, the appeal of Skype was dismissed because:**

the General Court considered that there was no visual, phonetic and conceptual similarity between the two marks.

the General Court considered that there was an average visual, phonetic and conceptual similarity between the two marks.

the General Court considered that there was an important visual, phonetic and conceptual similarity between the two marks.

Question 2 of 3

Question 2: According to the CJEU decision in UPC Telekabel, a court injunction prohibiting an Internet Service Provider from allowing its customer access to a website containing copyrighted works without consent of the right holders:

can never be granted because it infringes the fundamental right of freedom of commerce.

can always be granted because the fundamental right of freedom of commerce is inferior to copyright.

can be granted under certain conditions.

Question 3 of 3

**Question 3: According to the Court of Justice in Papassavas v. Press, a newspaper company which publishes an online version of newspapers cannot be considered as an 'intermediary service provider':**

because it is always considered as an Internet Service Provider.

because it has knowledge of and exercises control over the information it posts.

because it has no knowledge and exercises no control over the information it posts.

European Media Law: Case Law of the Court of Justice of the EU

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