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13 Dec 2015, 10:43 pm
The Court, however, found the relevant info submitted as not making it possible to come to such conclusion [so this Kat understands that someone else may in the future be luckier in this regard] and added that “the distinctive value of those signs may be explained less by their positioning on the product than by the intensive use which has in fact been made of them on the market”.Addressing K-Swiss's arguments regarding its relevant case law, the Court held that in the… [read post]
6 Oct 2014, 5:03 am
.* Trademark Infringement Plaintiff Sees Red (Gold), Defendants Claim GenericnessFollowing a nudge from former guest Kat and current Katfriend Laetitia Lagarde, Marie-Andrée sinks her paws in another luxury IP case, this time concerning the use of the trade mark “red gold” for, inter alia, fine jewellery and watches “made out of a special alloying of gold with a distinct colour. [read post]
28 Jun 2017, 2:02 am
This Kat suggests that the concept of "parti pris" be read without negative connotation necessarily but be understood as "choice" or "stand", rather than "bias" or "prejudice" - although the decision does not expand on the question. [read post]
6 Feb 2014, 8:04 am
It is not necessary, in addition, for the goods at issue to have been the subject, prior to the sale, of an offer for sale or advertising targeting consumers of that State.This Kat's email inbox is already filling up with happy notices from rights owners and firms representing them, and he's not surprised. [read post]
25 Feb 2014, 2:49 pm
Many Kats prefer Merc to Merck ...On Monday, in "Preliminary hearing to rule on Merck-y past", a blogpost on an interim ruling in a trade mark infringement trial before the courts of England and Wales involving the two Merck pharma companies, Merpel asked why anyone should want to use the word MERCK in the first place. [read post]
22 Nov 2019, 3:26 am
State of Patent Law Panel at the JMLS 63rd IP ConferenceBack in Chicago at the 63rd UIC John Marshall Law School, Kat friend Amy Crouch (Simmons & Simmons, London) was reporting from the “The State of Patent Law & Policy: Views from the Top” session. [read post]
6 Oct 2013, 2:19 pm
 Writes Roland: In two separate judgments but conjoined appeals, the Court of Appeal reversed previous decisions to cancel Cadbury's UK registration for the colour purple [critically reviewed by the AmeriKat here] and upheld the cancellation of Mattel's UK registration for a Scrabble tile [warmly welcomed by guest Kat Kate here]. [read post]
17 Jun 2015, 11:54 am
 IP ownerschasing infringers need to do so too ...The problem of counterfeits and infringing goods transiting across the vast and affluent territory on their way to other markets, from which they sometimes return to the EU, is one that the European Union's legislators seem to this Kat to have been reluctant to grasp. [read post]
9 Jun 2013, 2:32 pm
 Besides some IP issues due to the specificity of this service (see here for a Kat report about the Kickstarter Lawsuit), the crowd funding system was not known for being used in legal battles -- until now. [read post]
17 Jan 2022, 1:08 am by Rose Hughes
Following on from last week's post on the written description requirement in the US (IPKat), this Kat's attention has been drawn to yet another interesting decision from the Court of Appeal of the Federal Circuit (CAFC) in the life sciences field. [read post]
12 Feb 2024, 11:30 pm by Chijioke Okorie
Further, while the Supreme Court, in its decision in Adeokin Records v MCSN, touched on what is meant by “owner and assignee of copyright”, its consideration was limited to the context of locus standi (discussed here), thus providing very little help on the question of whether copyright is property in the sense of Chapter 4 of the Constitution.Movable Kat property...However, MCSN argued that insofar as Section 11 of the former Act referred to copyright as a movable property,… [read post]
15 Apr 2016, 5:24 am
 At the very minimum, this emerging critique of innovation and productivity should encourage our IP community to critically re-visit our core beliefs.A Kat pat to the anonymous economist who pointed me to Tily's productivity article.Interested readers may enjoy the below video from Professor John Reenen at the LSE, who also researches IP (e.g. [read post]
7 Jul 2015, 1:51 pm
Kats can do itIn addition, the ‘public’ pursuant to art. 7(1) CDR is the same for the purposes of articles 5 and 6. [read post]
17 Apr 2018, 10:55 am
   Although shackled by time in reporting on the decision, the AmeriKat asked a new IP kitten, Constance Crawford (Bristows) to get her paws wet in her first Kat post. [read post]
16 May 2014, 8:02 am
 and elsewhere, especially in the US [here, here, here ...].Of course, being a data protection case, comments have focused on the perhaps little known right to be forgotten, also known as right to oblivion. ... but also the right to be forgiven (and forgotten), explains JamesBeing oblivious to anything some things if not copyright-related, this Kat tried to think and see whether this CJEU judgment might have something to say also copyright-wise, especially… [read post]
1 Feb 2019, 6:30 am
This Kat has vivid memories of when he ceased to receive invitations to Young EPLAW’s (legendary) annual gatherings because he had reached the club’s age limit (36 years). [read post]
26 Dec 2017, 1:25 am
Kat friend Jolena Ang reports on a most interesting instance that took place before the Intellectual Property Office of Singapore. [read post]
15 Feb 2018, 9:49 am
For the sake of brevity, this Kat will focus on the most interesting aspects of the 37 page judgment.Jurisdiction and applicable lawThe judges first look at their jurisdiction over the case and affirmed it on the grounds of Art. 7(2) of Regulation No 1215/2012. [read post]