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20 Mar 2020, 4:45 am
- this time, relating to two sets of proceedings in a dispute with Lenovo.Trade MarksIPKat Eleonora Rosati considered the implications of the judgment of the Court of Justice of the European Union (CJEU) in Constantin Film, C-240/18 P, aka Fack Ju Göhte, in relation to freedom of expression, trade marks, and copyright law.Keeping with the CJEU theme, GuestKat Riana Harvey commented on the decision in Joined Cases C-155/18 P to C-158/18 P, which brought the lengthy dispute… [read post]
[Guest post] A trade mark or a song? Turkish Court of Cassation casts some light on this distinction
20 Sep 2024, 11:53 am
Turkish Court of Cassation casts some light on this distinctionby Güldeniz Doğan Alkan and Hatice İnci TuranArticle 4 of the Law No. 6769 on Industrial Property indicates that sounds can be registered as trade marks if they are capable of being distinguishable for the goods or services of one undertaking from that of another:Image by Riana Harvey“Trademarks may consist of any signs like […], sounds and the shape of goods or their packaging, provided that… [read post]
26 Jul 2019, 11:18 am
Kat Eleonora Rosati informed us about the upcoming deadline (16 September) for article submissions for the Journal of Intellectual Property Law & Practice (JIPLP) in its special “Image Rights” issue to publish in early 2020.GuestKat Nedim Malovic commented on the High Court of Justice of England and Wales’ judgment concerning trade mark infringement and passing off in Beauty Bay and Dotcom Retail v Benefit Cosmetics [2019] EWHC 1150 (Ch).Katfriend… [read post]
12 Jul 2020, 8:27 am
The IPKat has an email address, but not a postal one(Image by Riana Harvey)Does the notion of ‘address’ only refer to one’s own postal address or does it also encompass one’s own email and IP address, as well as telephone number? [read post]
28 May 2020, 1:36 pm
The second and third images are courtesy of GuestKat Riana Harvey. [read post]
9 Dec 2020, 12:40 am
The second and third images are courtesy of Riana Harvey. [read post]
3 May 2022, 2:58 am
If the wording granted by courts and tribunals is narrow/if the wording is not accepted at all, then this could leave proprietors with limited protection while the classification system catches up with commercial developments.Picture on top middle is by Riana Harvey, who grants permission for its use.Pictures in the lower middle are in the public domain. [read post]
14 Apr 2021, 12:26 pm
Sources:Press release published by UK IPO.Online Copyright Infringement Tracker Latest wave of research (March 2020) Overview and Key Findings.Credits:The first image is by Gerd Altmann from Pixabay.The second and third images are courtesy of Riana Harvey. [read post]
18 Nov 2019, 12:22 am
In Pinnacle Runway Pty Ltd v Triangl Ltd, the Australian Federal Court found that the name given to a style of bikini will not amount to ‘use as a trade mark’ so as to constitute trade mark use.InternKat Riana Harvey examines a recent High Court of England and Wales ruling, in which it was found that Bentley Motors had infringed a small family-run clothing firm’s ‘Bentley’ trade marks through the use of its ‘Combination… [read post]
6 Apr 2022, 4:42 am
”Agreeing with AG Hogan, the Court concluded that:in so far as the uploading and downloading of copyright-protected content during the use of storage services in the context of cloud computing maybe classified as a single process for the purposes of private copying, it is open to the Member States, in the light of the broad discretion which they enjoy […] to put in place a system in which fair compensation is paid solely in respect of the devices or media which form a necessary part of… [read post]
4 Sep 2022, 9:18 am
With a new month comes a new post with the best and latest IP events and opportunities.A Kat reflecting on its decisions so far (and, more immediately, if it is worth entering the tunnel)IPKat Team NewsThe IPKat would like to share the following news about the Team: For the time being we are saying goodbye to our GuestKat Riana Harvey: we thank her for her contribution to the Blog over the past few years and look forward to collaborating with her again in the future! [read post]
7 Jun 2020, 6:15 am
Be sure not to miss a thing.Mirror, Mirror on the WallTrade marks Spotted: GuestKat Riana Harvey reports on the failure of Global Brand Holding to register ‘XOXO’ as a European Union trade mark. [read post]
17 Feb 2022, 3:25 am
Picture on top middle is by Riana Harvey, who grants permission for its use. [read post]
10 Jun 2021, 12:25 pm
Its rotated version is from the decision of the Fourth Board of Appeal.The last image is courtesy of Riana Harvey. [read post]
25 Apr 2020, 12:52 am
The IPKat takes advantage of the lockdown to catch up on its reading backlog (Image by fellow Kay Riana Harvey)Two comments on claim construction from a Dutch perspective It is impossible to do justice to all of these issues in a single short blog post, so I chose two that, from a Dutch perspective, are of particular interest [Cue to readers who are looking for a way to rid themselves of some mental Coronaspeck: this is a great opportunity for comments or even guest contributions… [read post]
19 Jul 2019, 7:28 am
Another decision showing how pertinent evidence is during the lifetime of a trade mark.CopyrightThis kitten is wondering thesame questions...In a guest post, Katfriend Hugo Cox, covers the recent judgment in ATB Sales v Rich Energy in the Intellectual Property Enterprise Court, highlighting the significance of copyright law in the protection of brands.Katfriend Riana Harvey takes a look at the recent decision of the US Copyright Office Review Board which answered… [read post]
13 Aug 2019, 6:03 am
In Remembering Shamnad Basheer, Neil recounts Shamnad's manifold achievements in IP and his support in enabling poor Indian students' access to the National Law Schools.New InternKat Riana Harvey in Thursday Thingies inter alia reported on the reduced copyright dispute mediation costs in Singapore. [read post]
14 Nov 2019, 6:43 am
InternKat Riana Harvey gave us the details.As a consequence of a voluntary assignment of Schweppes Cadbury’s trade marks to the Coca Cola Group in 1998, the ownership of the ‘Schweppes’ brand belongs to two fiercely competing business groups: The Schweppes Group holds the exclusive rights over the ‘Schweppes’ brand in Spain, among other countries, while the Coca-Cola Group holds the rights over the ‘Schweppes’ brand in the United Kingdom,… [read post]
