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16 Sep 2019, 11:57 pm
This is foreshadowed in the recent Board of Appeal decision, T0688/16, where an inappropriate use of discretion leads to ping-pong.Communication to the public -GuestKat Nedim Malovic examines a referral made by the Swedish Patents and Market Court of Appeal to the CJEU, asking whether the concept of “public” (which is not expressly defined in the legislation) under Articles 3 and 4 of the InfoSoc Directive has a uniform meaning,… [read post]
30 May 2017, 10:33 pm
On more romantic news, KatFriend Nedim Malovic tells the tale of Shinder, a dating app where the only available match is Shed Simove, the founder of the app himself, and Tinder, who needs no introduction. [read post]
30 Nov 2016, 2:42 am
Now, Katfriends Nedim Malovic and Patricia Haddad (Sandart & Partners, Stockholm) also took a look at the decision and shared their opinions with Eleonora. [read post]
2 Apr 2017, 3:15 am
Computer and Internet Weekly Updates for 2017-03-25 https://t.co/l3BEYEzQmp -> Kodi Box WARNING – Streaming is ILLEGAL, but 'it's impossible to tackle the end-user' https://t.co/PBkcDGe0iz -> Weird copyright cases around the world https://t.co/WbcK4RyjpJ -> Goodlatte, Conyers, Grassley, Feinstein, Leahy Call for Action on Selection Process for Register of Copyrights https://t.co/xivIqWV9Gl -> Court injunction halts Omoni Oboli’s movie screening –… [read post]
27 Nov 2018, 3:19 am
IPKat Asia Correspondent Tian Lu reports: ChineseSupreme Court: hoarding trade marks in bad faith falls within scope of“illegitimate means”.GuestKat Nedim Malovic discusses a recent decision rendered by EUIPO Fifth Board of Appeal, which ruled on a Turkish chef’s attempt to protect how he ‘elegantly’ cuts meat and sprinkles salt as a motion mark. [read post]
14 Nov 2019, 6:43 am
Nedim Malovic took us through the facts and arguments of this referral, which now has a case number and an official translation.Trade MarksThe IPKat has been informed about the launch of a new book, “The Confusion Test in European Trade Mark Law”, by Dr. [read post]
23 Apr 2018, 8:27 am
CopyrightGuest Kat Nedim Malovic asks whether an ISP can be required to hand over its subscribers' IP addresses in online copyright infringement cases: Swedish Patents and Market Court of Appeal says that an ISP may not be required to hand over information about subscribers’ IP addresses. [read post]
5 Jul 2017, 11:34 am
Katfriend Nedim Malovic (Sandart&Partners) explains the Supreme Court’s affirmative response. [read post]
9 Nov 2015, 1:34 am
Katfriend and IP enthusiast Nedim Malovic (Stockholm University) explains how this case went.* President pauses processing of potentially poisonous prioritiesThe issue of poisonous priorities (and poisonous divisionals) is the subject of a referral to the European Patent Office (EPO) Enlarged Board of Appeal which is pending under reference G 1/15 [for those readers who are wondering how a priority can be poisonous, take a look at the IPKat here]. [read post]
24 Mar 2019, 3:26 pm
Points include analysis on the liability imposed on smaller companies, the availability of safe harbours, and users’ rights.Katfriends Emil Jurcenoks and Peter Nørgaard look at the impact of the Danish Supreme Court’s decision on the “de minimis” copyright exception and use of applied art in marketing materials.GuestKat Nedim Malovic provides an overview of the fundamental freedoms and principles of proportionality that were explored by the Swedish… [read post]
19 Jul 2019, 7:28 am
Trade marksIn Neymar scores at EU General Court: “Neymar” trade mark declared invalid due to bad faith registration, GuestKat Nedim Malovic analyses the application made for the word mark "Neymar"in class 25 as an EU trade mark by Mr Carlos Moreira.InternKat Antonella Gentile looks at the CJEU decision in Hansson, C-705/17 in The slow disappearance of disclaimers: the CJEU decision in Hansson, C-705/17. [read post]
13 Apr 2019, 12:25 pm
GuestKat Ieva Giedrimaite takes a look at the possibility for a hashtag to function as a trade mark and the consequences of the use of a trade mark as a hashtag.Asia Correspondent Tian Lu discusses a recent decision of the Beijing IP Court related to Caishen, the Chinese version of the God of Wealth.GuestKat Nedim Malovic reports on a decision of the General Court of the European Union concerning the possibility for a company which holds a trade mark registration consisting… [read post]
15 Aug 2016, 7:05 am
The panel’s explanations for this ranged from the fact that copyright owners enjoy a much stronger and more coordinated lobby, to the idea that the problem is instinctively clearer in relation to copyright, where the ISP is directly involved in “piping” the copyright-protected material to the end user, unlike with physical branded goods whose actual delivery the ISP merely facilitates.The panel discussion at Simmons & Simmons(photo courtesy of Nedim… [read post]
7 Aug 2019, 12:43 am
Is looked at by GuestKat Peter Ling in his post "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks.GuestKat Nedim Malovic breaks down the recent judgment of the Court of Justice of the European Union in CJEU dismisses Red Bull’s appeal concerning its colour combination marks.In The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? [read post]
16 Aug 2016, 8:18 am
Mr Justice Gerard Hogan, who delivered the Court of Appeal judgmentWhat (if any) steps may a court require internet service providers (ISPs) to take to assist copyright holders to identify customers who use the network provided by these providers to access the internet for the purpose of illegally downloading or uploading copyright material? [read post]
26 May 2019, 2:13 pm
Trade marksGuestKat Nedim Malovic takes a look at a decision of EUIPO first Board of Appeal concerning the relevant public’s perception of the polysemic term SPA, which, on the one hand, is the designation of the Belgian town Spa, where there is also a health spa, well-known to the Belgian public; on the other hand, it is also the common name that designates a spa-facility (a hydrotherapy facility). [read post]
13 Jun 2019, 1:06 pm
Trade MarksGuestKat Nedim Malovic took a look at the recent confirmation from the Swedish Supreme Court that the storage of infringing goods with a view to sell them might trigger both civil and criminal liability in a recent case.InternKat Antonella Gentile looked into the decision of the General Court of the European Union (GC) in its judgment in KID-Systeme v EUIPO - Sky (SKYFi) T-354/18 that gave the GC the opportunity to analyse the… [read post]
