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23 Apr 2014, 7:59 am
This Kat feels deep sympathy for the director’s cause and for depression in general. [read post]
22 Aug 2023, 8:50 am
In an earlier post, this Kat discussed the seemingly narrowing scope of protection of figurative marks in EU trade mark practice. [read post]
27 Aug 2023, 9:47 am
The judgments related to YouTube’s video-sharing platform and Cyando’s “sharehosting” service called “Uploaded”.Now the Higher Regional Court of Nürnberg has ruled on a case in which the key issue was whether an online marketplace can be held liable for damages and injunctive relief, when a third-party vendor uses a copyright-infringing image to advertise their product (case number 3 U 2910/22, judgement of 01.08.2023, not final).The plaintiff in this case is… [read post]
19 Jun 2015, 1:49 am
This Kat notes with amusement that the word "British" and the depiction of the sun on the British Columbia flag represent the notion of the British Empire as being the Empire on which the sun never set. [read post]
13 Feb 2018, 9:34 am
Kat friend (and inductee into the IP Hall of Fame) Dan Bereskin has kindly provided us with a summary of 2017 developments. [read post]
21 Dec 2021, 1:09 am
While awaiting for the new EU Design Directive (expected in 2022), this Kat decided to look back at one of the current Directive’s most discussed provisions: functional designs.Is this ribbon functional or aesthetic? [read post]
27 Apr 2015, 10:56 am
The claim on this construction interested this Kat, because it effectively claims "the dose obtainable from this specific patch", or "any dose that is the same as the dose from this specific patch". [read post]
4 Apr 2016, 3:17 am
" [if you support this proposal, please make this known to Prof Visser by emailing him at d.j.g.visser@law.leidenuniv.nl]This Kat has learned that image rights are part of Dutch copyright law pursuant to section 21 of the Copyright Act:Reminds you of anyone? [read post]
15 Jul 2019, 3:26 am
This Kat takes a break from practising her serve, to explore the evolution of the game of lawn tennis, from its invention in the 19th century to the modern day.Invention of lawn tennis and wooden racketsThe admirably named Major Clopton Walter Wingfield is considered by many to be the inventor of lawn tennis. [read post]
6 Sep 2019, 12:36 am
A year ago, this Kat reported on the surprise ruling by the CJEU that organisms obtained by gene-editing should be considered genetically modified organisms (GMOs). [read post]
13 Sep 2019, 6:17 am
This Kat expects new foods.Trademark SpecialKat Tian Lu reports on the facepalm trade mark case in China, in which an applicant attempted to register an emoji created by Tencent as a trademark in China. [read post]
16 Dec 2020, 1:37 am
So, when this Kat saw that the UK Intellectual Property Office turned down a registration attempt by Tefal for their ‘red dot’ mark last month, well… she wasn’t not going to look into it a bit more.The Tefal 'red dot' mark in questionIn the present case, registration of the mark in the UK was denied due to lack of distinctiveness under Art 3(1)(b) of the Trade Marks Act 1994 (‘TMA’). [read post]
21 Dec 2021, 2:16 am
Kat friend, Becky Knott, reports on an interesting decision by the General Court that is notable for the degree to which the court analysed the properties of the relevant goods in determining trade mark non-use. [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]
8 Mar 2019, 6:47 am
Kat in black-and-whiteFinally that day has now come.In a case before the Patents and Market Court of Appeals about the validity in Sweden of an international trade mark designating Sweden held by ContextLogic Inc, the court found that the outcome of the case depended entirely on whether the traditional maximalist Swedish view was workable in the light of Specsavers (my translation):If the (black and white, my addition) international registration should be considered to include… [read post]
30 Jun 2019, 3:00 pm
This Kat writing her last post as a GuestKat! [read post]
28 Jan 2021, 1:53 am
In 2018, this Kat celebrated the passing of the Bill for an Act to repeal the Companies and Allied Matters Act 2004 (CAMA 2004) in a post, which addressed some aspects of the Bill that particularly affect IP and creative entrepreneurship. [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]
26 Jun 2013, 6:43 am
What is this Kat going to use to lull him off on his Katnap? [read post]
14 Nov 2017, 1:09 am
The balancing act of trying to protect the general shape of something while being distinctive to get protection is a difficult line to tread, as the recent Kit Kat cases have shown among other decisions. [read post]
