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22 Jan 2015, 1:45 am
Readers will be aware that earlier this week, the Amsterdam Court of Appeal issued a ruling against second-hand ebook seller Tom Kabinet [here], although it refrained from addressing the issue of whether the InfoSoc Directive allows such thing as a digital exhaustion.At this stage this Kat notes that the Art&Allposters ruling may have provided a (partial) response to this thorny issue, yet the last word in this respect is probably yet to be said,… [read post]
23 Jun 2023, 9:31 am
More specifically, the dispute in question concerned copyright protection in a selfie taken in a lift, a widespread phenomenon on social networks.The daily selfie of an influencer Kat BackgroundThe facts are quite straightforward. [read post]
13 May 2019, 5:22 am
This Kat is keen to hear readers comments on this question. [read post]
28 Sep 2022, 1:50 am
While there is a vast jurisprudence on the subject regarding trade marks [commented here and here by The IPKat], this Kat has decided to look at the few interpretations of this in connection with design case law.First, EUIPO Design Guidelines on the matter are very concise. [read post]
24 Apr 2015, 2:56 am
Katfriend Nils Rauer (Hogan Lovells) represented TU Darmstadt in the German litigation, and has contacted this Kat to let the readers of this blog know that, following the CJEU judgment, the Bundesgerichtshof has now issued its decision [not yet available] in this case, ruling completely in favour of TU Darmstadt. [read post]
8 Nov 2013, 5:38 am
Cutting edge – Green Innovations and IPR Management, edited by Andree Kirchner and Iris Kirchner-Freis, recently fell into this Kat's paws: wouldn't it be a good idea, he thought, to pass it on to a genuinely green IP person for comment -- so he asked Kathrin Vowinckel (Olswang LLP, where she is an active member of the firm's Green Team) for her opinion of it. [read post]
3 Oct 2019, 2:41 am
This Kat believes that he is on firm ground in saying that the mark and name have become widely recognized, both in the country of its establishment, the U.S, as well as abroad. [read post]
26 Jul 2020, 11:00 pm
Were it not for the pandemic, many Kat readers would currently be following the Summer Olympics in Tokyo. [read post]
17 Feb 2021, 11:50 am
In this respect, Spanish courts tend to distinguish between mere tarnishment (“deslucimiento”) and infringing damage (“delito de daños) (see, among the others, Judgment of the Provincial Court of Guadalajara of 11 May 2017 (EDJ 2017/121532), qualifying as actual damage the act of painting a motorway noise barrier).Kat mural in ZaragozaStreet art and whitewashing: the current legal frameworkYet, one thing is abstract protectability and another, very different, is the… [read post]
16 Aug 2019, 3:41 am
Kat friend Tyrone Berger has provided us with a report about the latest judicial treatment in Australia of an implied license in connection with a patent litigation action. [read post]
21 Jan 2022, 3:51 am
Naturally, having followed closely the streaming inquiry, this Kat was keen to read chapter 3 on ownership, licensing, equitable remuneration and the copyright tribunal. [read post]
2 Sep 2016, 3:39 am
This aspect of the judgment is actually very interesting and was rather glossed over in the earlier post, and so this Kat would like to revisit the topic to look at this one aspect in a little more detail.The patent EP2264047 (“the 047 patent”) relates to a method of purifying daptomycin by altering the pH to change the CMC - that is not "Case Management Conference" but "Critical Micelle Concentration" - the concentration at which a surfactant (in this… [read post]
9 Feb 2019, 1:20 am
This conclusion is further reinforced by the presence, in the latter sign, of a figurative element (the eye) with a “very precise semantic content”.As such, the Board had erred in considering that the conceptual similarity between the signs would be ‘neutral’.A few Kats among Forbes's Top Influencers - PetsLikelihood of confusionComing to the assessment of likelihood of confusion, the GC found that the erroneous conclusion - by the Board - concerning the visual… [read post]
26 Feb 2019, 11:18 pm
This Kat's reply is that it is self-evident that what Disney does is "create". [read post]
29 Apr 2016, 5:45 am
"Basically, what will be permitted is [WARNING: Kat-translation!] [read post]
13 Sep 2016, 11:28 am
This was an event eagerly awaited by Katfriend Simon Klopschinski, attorney-at-law at the German IP firm rospatt osten pross, who has been looking forward to the opportunity to put his Kat paws on this decision and share his thoughts about it. [read post]
3 Nov 2015, 9:27 am
Here's a welcome guest post from recent Guest Kat Valentina Torelli, who has been pondering the significance of a fascinating decision from Spain's top court on the extent, if any, to which a data subject can effectively suck public knowledge about him out of the online public domain, and on the related question of whether it is possible for a person to create a set of bespoke accessible memories concerning himself by invoking the right to be forgotten. [read post]
30 Nov 2024, 2:21 am
It is, in this Kat's view, notable that the Board assessed the marks in such extensive detail, including their facial expressions, clothing, and age, as well as tonal considerations based on colour palettes, to find that there was only a low degree of visual similarity. [read post]
30 Jan 2014, 1:31 am
Thirdly, what must have been one of Lord Justice Briggs's final trial rulings before he became an appeal judge was upheld this week in Fage v Chobani, noted here, this Kat was wondering what he was doing at the moment since he has kept out of our sight for so long. [read post]
27 Feb 2014, 3:30 am
For the sake of self-promotion, it is noted that this Kat discussed this very point here]. [read post]
