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3 Sep 2017, 2:53 pm
It is not the role of the Code of Conduct to regulate how attorneys go about the day-to-day operations of their businesses, so long as the interests of clients are adequately protected.As I will explain in this article, I therefore consider that the draft Code is, in some respects, unduly prescriptive. [read post]
7 Apr 2020, 9:30 am
| CJEU rules on counteraction by conceptual differences in trade mark law, but leaves much to be resolved | Swedish Supreme Court favours copyright protection over freedom of information and of the press | Fair dealing and online learning in the time of coronavirus in South Africa | Remembering Clayton Christensen: how has “disruptive innovation” fared? [read post]
23 Nov 2012, 5:17 am
Wilkinson v London Strategic Health Authority is an interesting decision on the entitlement to copyright in training materials which has been sitting for too long in the IPKat's in-tray -- but you can read about it now thanks to Mark Anderson's to-the-point dissection of the issues on IP Draughts. [read post]
29 Apr 2024, 10:43 pm
© Jocelyn BosseMarcel Pemsel evaluated the protection of short jingles as trade marks in light of the recent EUIPO Board of Appeal decision, which confirmed the rejection of Berliner Verkehrsbetriebe's application for a two-second long sound mark in class 39 (‘Transportation; passenger transport; packaging of goods; storage of goods; organization of trips’) due to lack of distinctiveness. [read post]
1 Dec 2014, 3:30 am
"[I]n this case where the asserted mark is a product design consisting of a three-dimensional rectangular shape of a block commonly used by third parties, with a functional cross-shaped protrusion, ownership of a prior registration — even one over five years old — for a similar, albeit not identical, mark for related goods is not sufficient to establish distinctiveness.Applicant did not provide sales of advertising figures, and its long use of the alleged… [read post]
29 Nov 2012, 2:15 am
Merpel wonders whether she might take up a position with an IP practice, which will give her the chance to do what the rest of us have been doing for a long time -- working out how to live with CJEU decisions in the real world. [read post]
15 Nov 2020, 6:44 am
The IPAB allowed the rectifications and directed the removal of the two marks from the Trade Marks Registry. [read post]
16 Jul 2024, 6:15 am
Recitals 104 to 109 and Article 53 of the long-awaited Regulation, when read together with the Directive 2019/790, address copyright issues arising from the training of generative AI tools with copyright protected content. [read post]
23 Apr 2013, 11:40 am
There appears to have been a loophole in the billing, in that there do not seem to have been any prohibitions on allowing distributors to mark up its own implant cost. [read post]
15 Nov 2013, 8:00 am
The CIVC has a long history of enforcing its rights against third-parties. [read post]
12 Feb 2015, 10:21 am
That seems like an arbitrary number, and it creates a perverse incentive system as the strike nears the 6 month mark. [read post]
30 Sep 2019, 11:00 pm
All four websites used Nintendo’s trade marks. [read post]
18 Dec 2013, 9:00 pm
Specialized’s CEO and Founder, Mike Sinyard, posted a long apology to consumers on Facebook: I Screwed up, and I own itI would like to apologize and let everyone know I realize I handled this situation wrong from the start and I’m very sorry for that. [read post]
9 Feb 2019, 2:13 am
Cadbury's plays spot the series mark | Trade marks: the limits to a MONSTER’s reach in Singapth seore | EPLAW Congress Report: Who has the better patent litigation tools in Europe? [read post]
8 Sep 2014, 4:55 am
In that case, the earlier trade mark “Money Mapping” was opposed to two trade mark applications for “MONEYMAP” and “Money Map”, all these marks being in connection with financial services. [read post]
2 Mar 2015, 2:43 pm
| Dutch diverge with English as Novartis prevails on Zoledronic Acid in Netherlands | Slogan and TMs | The coffee capsule wars | Declining public trust in innovation | IPEC’s ruling in Global Flood Defence Systems& Another v Van den Noort Innovations BV & Others | Again on CJEU ruling in Case C-419/13 Art & Allposters | Biotech financing: the risk components, ‘going long’ and patents as knowledge currency. [read post]
9 Feb 2015, 1:15 am
We had decision Mark 1 last April in relation to a first pair of patents, and then decision Mark 2 last November. [read post]
18 Jun 2015, 1:22 pm
Shutter Shades abandoned its mark through naked licensing. [read post]
25 Jun 2019, 12:16 pm
Consistent with his long-held views, wouldn’t put as much emphasis on the line between content and viewpoint based regulation, commercial and noncommercial speech, etc. [read post]
1 Dec 2016, 9:56 am
"This might have been a somewhat fresh idea in, say the mid-1990s, but the application for this patent was filed in 2011," notes Daniel Nazer, the EFF staff attorney with the distinguished title of the "Mark Cuban Chair to Eliminate Stupid Patents. [read post]
