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29 Jan 2016, 2:35 am
This Kat would like to thank his solicitor colleague Tristan Sherliker for this interesting copyright mewsing. [read post]
28 Jan 2016, 2:04 pm
Kit Kat Nestlé v Cadbury [2016] EWHC 50 (Ch) Nestlé was unsuccessful in registering the shape of its 4 finger Kit Kat (without Kit Kat embossed on each finger) as a trade mark on the basis that consumers recognise the 4 fingered bar and associate it with Nestlé. [read post]
28 Jan 2016, 2:04 pm
Kit Kat Nestlé v Cadbury [2016] EWHC 50 (Ch) Nestlé was unsuccessful in registering the shape of its 4 finger Kit Kat (without Kit Kat embossed on each finger) as a trade mark on the basis that consumers recognise the 4 fingered bar and associate it with Nestlé. [read post]
28 Jan 2016, 2:00 am
Your Kat's ThoughtsThe Open Letter suggests not a lack of faith, but a concern about disturbing questions regarding the issues such as independence of copyright research and a lack of transparency in funded research centres. [read post]
27 Jan 2016, 6:07 pm
With limited time to digest the decision herself, she had to rely on a helping paw in the form of Kat friend Nick Buckland (Irwin Mitchell) who has helpfully summarized the judgment for readers:"In the realm of trade mark (alas, as in life) even with the best intentions (and the assistance of binding legal agreements) we can't always get along. [read post]
26 Jan 2016, 5:43 am
Wheeltrim, a reference on the interpretation of the Italian spare parts exception (bizarrely still not available in English, but for example in Estonian), she hinted that rather sooner than later there might be a referral from Italy on the question whether rims were "must match" parts at all - a question answered in the negative by most Member States that know a spare parts exception, but one for which divergent case law exists in Italy.All in all a very informative day; if anything, it… [read post]
25 Jan 2016, 5:01 pm
Was it the excitement of being in a valley so inundated with innovation you can't swing a Kat without hitting a patent? [read post]
25 Jan 2016, 1:31 am
Former Guest Kat Darren Meale (Simmons & Simmons, London) explains.* BREAKING: AG Szpunar says that fair compensation for private copying can be funded through state budget but amount cannot be established ex anteEleonora reports on Advocate General Maciej Szpunar's Opinion in EGEDA C-470/14 [here], a reference for a preliminary ruling from the Spanish Supreme Court seeking clarification as to whether private copying can be public-funded and, if so, whether… [read post]
22 Jan 2016, 1:42 am
Sometimes this Kat cannot resist speculating about some grand IP idea that has the potential to transcend the moment. [read post]
21 Jan 2016, 12:59 am
Nestle applied to register the three-dimensional shape of the bar as a trademark without the Kit Kat logo embossed on the top of each finger, which was subsequently opposed by Cadbury. [read post]
20 Jan 2016, 6:48 am
One or more Kats may come back to this in due course. [read post]
20 Jan 2016, 12:18 am
The less good news, at least for persons and organizations that are not members, is that access to the Guide, as well as the other Guides produced by INTA, is limited to the organization’s members only.The IPKat thanks Kat friend Latha Nair, of K & S Partners, Gurgaon, India, one of four project team editors for this Guide (along with Emmanuel Baud, Edouard Fortunet, and Anne Glazer) for this information.News from CambodiaThe Intellectual Property Office of Singapore (IPOS)… [read post]
19 Jan 2016, 4:40 am
As such, a system where the level of compensation is calculated without taking into account the level of harm actually suffered [yet another issue addressed in Reprobel] cannot be considered compatible with EU law.ConclusionThe AG Opinion in EGEDA looks reasonable to this Kat, but let's now await the CJEU decision. [read post]
19 Jan 2016, 1:53 am
Former Guest Kat Darren Meale, of Simmons & Simmons in London, has done some hard initial thinking on this and he shares his thoughts with Kat readers. [read post]
17 Jan 2016, 7:15 am
Courtesy of Kat friend James Pooley, comes news that the witnesses' responses to questions from Senator Grassley, Senator Klobuchar and Senator Whitehouse are now public. [read post]
17 Jan 2016, 3:41 am
Forthcoming events As usual, do not forget to check the list of forthcoming IP events, regularly updated by the Kat team.How should three dimensional shapes be protected under intellectual property law? [read post]
15 Jan 2016, 9:48 am
It is based on the technical disclosure only.This Kat would like to thank his colleague Tim Belcher for authorial assistance with this post. [read post]
12 Jan 2016, 3:15 am
It reminds this Kat of similar discussions (and the occasional scandal) on value-for-money associated with the administrative costs of charities. [read post]
11 Jan 2016, 9:11 am
But this moggy suspects he is not the only practitioner to find this case surprising.So this Kat wonders three things:1) Who among our dear readers is surprised by this decision? [read post]
11 Jan 2016, 4:22 am
Simon MalyniczSimon Malynicz (Three New Square): Mr Trade Mark Law himself, Simon Malynicz has had an exceptionally busy few years appearing before the CJEU and UK courts, most recently in the ongoing Kit Kat trade mark case concerning the acquired distinctiveness and technical function of the shape of the Kit Kat bar. [read post]
