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20 Aug 2019, 10:43 am
The OGH has now stayed the proceedings (case number OGH 4Ob74/19i) and asked the CJEU a number of questions [please note that this is a Kat-Translation, the official questions will be updated once they become available in English]:I. [read post]
6 Nov 2019, 12:26 am
Even a survey of members of the public conducted by JLR did not demonstrate that the shapes had acquired distinctiveness, and as such, acquired distinctiveness could not be established.Not exactly a Land Rover... but Kat approvedSubstantial value -It was raised as part of the proceedings that the "boxy 'slab-sided' shapes" were counter functional, not necessary to achieve a technical result, and not features that "consumers may be looking for in the products of… [read post]
15 Apr 2015, 12:40 am
This Kat cannot confess to having been around professionally a decade and a half ago when trade mark jurisprudence sought to sort out the trade mark registrability of domain names. [read post]
UK court discusses copyright protection of fictional characters and defences for parody and pastiche
9 Jun 2022, 1:41 am
After all, as I also discuss here in greater detail, it has been clear as early as Infopaq (Kat-anniversary post here) that “copyright […] is liable to apply only in relation to a subject-matter which is original in the sense that it is its author’s own intellectual creation”. [read post]
8 Mar 2023, 8:54 am
Against this background, the German Supreme Court dealt with, in this Kat's view, an astonishing case of acquiescence in its recent judgment in HEITEC III. [read post]
24 Oct 2014, 1:35 am
He would purchase a large percentage of a publisher's run (this Kat found estimates ranging from 50% to up to 100%) for use by the company's outlets. [read post]
22 Nov 2017, 8:09 am
What caught this Kat’s interest is the Tribunal’s position on the compensation for the claimant’s ‘loss of opportunity’ to commercialise his own photographs due to the infringement. [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]
15 Nov 2018, 3:36 pm
Kat friend Zoe Fuller (Bird & Bird) was on hand to bring details of this informative and entertaining discussion to IPKat readers - over to Zoe to relay the evening's discussion:A FRAND licence - a global creature like the IPKatThe Judgment The three points on appeal were as follows:1. [read post]
28 May 2013, 1:45 am
This Kat is, as usual, impressed with the thoroughness with which Arnold J sifted and applied the various rulings and statements of courts both European and national in reaching his decision. [read post]
21 Oct 2023, 5:45 am
Yet, this Kat notes with curiosity how Advocate General Pitruzzella relied on the imprisonment length from the failed Proposal, when considering whether Bulgarian provisions would be proportionate. [read post]
13 Dec 2023, 5:20 am
Kat-negotiations ...As expected, now that most – though not all – EU Member States have completed their own transpositions of the DSM Directive 2019/790 [IPKat here], the time for litigation has come and, with that, referrals for a preliminary ruling to the Court of Justice of the European Union (CJEU).After the first DSM Directive-related referral from Belgium on the provisions concerning contracts of authors and performers [IPKat here], it is now the turn of Article 15 (the… [read post]
15 Nov 2021, 1:08 am
However, as far as this Kat is aware, there is currently a dearth of Board of Appeal case law on the sufficiency bar for epitope claims (Case Law of the Boards of Appeal, II-C-7.3). [read post]
1 Nov 2022, 6:48 am
Kat friend Hugh Stephens describes the murky story of IP and the Ogopogo monster ("murky" as the waters in which the Ogopogo is said to dwell). [read post]
27 Jun 2018, 7:24 am
Kat Eleonora Rosati has followed this case through all its twists and turns, from the first opinion (IPKat report here) and the variously interpreted second opinion of the Advocate General (AG) Szpunar (IPKat reports here and here). [read post]
4 Sep 2023, 2:04 am
This Kat prefers to be on cars than in them...Likelihood of confusion / reputation For the section 5(2) element, the key issue was whether AC COBRA was sufficiently similar to COBRA to give rise… [read post]
31 Oct 2019, 5:20 am
This Kat is not dressing up this HalloweenLicensor’s considerationsThe licensor is usually the primary originator (not necessarily the owner!) [read post]
16 Feb 2018, 2:02 am
Kat friend Dr. [read post]
8 Jan 2014, 2:07 am
And how sad would this Kat be if Ms Ono would sue him for having used for years John's pictures and copyright aphorisms, often inappropriately (notoriously, the Lady is quite familiar with IP issues)? [read post]
26 May 2016, 5:38 am
And the classic phrase "as Australian as UGGs" [which this Kat should confess to having never heard of before] may be in jeopardy. [read post]