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1 Dec 2014, 9:42 am
[Merpel thinks it's more than even a trade mark: is it by chance a Protected Symbol under Article 6 ter of the Paris Convention, she speculates] Further, the Analysis sets out, under ‘Benefits’ the of the current name, a number of cogent points. [read post]
1 Dec 2014, 12:36 am
Do we really need a court ruling to establish that, wonders Merpel? [read post]
27 Nov 2014, 11:34 am
The chapters are best appreciated if the reader doesn't read straight through but pauses between them for thought.Says the web-blurb:China is evolving from a manufacturing-based economy to an innovation-based economy, but the delicate context behind this change has not been properly understood by foreign governments, companies and lawyers [or by many Chinese ones, Merpel ventures to suggest]. [read post]
26 Nov 2014, 3:18 pm
As Merpel predicted, both the appeal and the cross-appeal were very properly dismissed. [read post]
26 Nov 2014, 10:16 am
Incidentally, notes the erudite Merpel, there appears to be something of a cultural allusion in the choice of the name Peppa: "Pig and Pepper" is the title of chapter 6 of Lewis Carroll's children's grown-ups' classic Alice's Adventures in Wonderland.Bat and ball. [read post]
25 Nov 2014, 12:01 pm
Is Merpel overcomplicating things and/or missing the point? [read post]
25 Nov 2014, 12:47 am
The SEP holder must, in any event, present the alleged infringer with a written offer of a licence on FRAND terms and that offer must contain all the terms normally included in a licence in the sector in question, including the precise amount of the royalty and the way in which that amount is calculated [Merpel can't imagine that the term "precise amount" is intended to exclude an amount that is contingent on a formula that enables a precise amount to be calculated on the… [read post]
24 Nov 2014, 9:42 pm
Merpel is concerned about another likelihood of confusion. [read post]
24 Nov 2014, 9:00 am
In recent times Merpel has become increasingly interested in the workings of the European Patent Office (EPO). [read post]
24 Nov 2014, 7:04 am
Why don’t we try a fast-track for trade mark cases based on likelihood of confusion, Merpel suggests? [read post]
24 Nov 2014, 4:21 am
Merpel's wondering what the IP Tales of the Unexpected might be: how about (i) US recognises patent trolls as a protected species, (ii) Court of Justice of the European Union issue statement: "We made a mess of the IP TRANSLATOR case", (iii) Google offers to pay for the use of thumbnails on Google Image, (iv) European Patent Office voted "Best Place to Work" or, even more unexpectedly (v) orphan comes forward to claim royalties for use of orphan work. [read post]
20 Nov 2014, 2:25 pm
Merpel adds that anyone who fails to attend and doesn't give notice to that effect will definitely be inscribed in the Naughty Book.Happy IP! [read post]
20 Nov 2014, 9:58 am
Alberto BellanThe trade mark decision everybody, including Jeremy and Merpel, was waiting for, ie that of the Court of Justice of the European Union (CJEU) in the GOLDEN BALLS saga [on which see earlier IPKat posts here, here, here, here, here, and here] has been finally released. [read post]
18 Nov 2014, 3:02 pm
***************************************Trade mark oppositions:don't expect a quick resultSays Merpel: in the first case the opposed CTM application was filed in December 2006; that's nearly eight years ago. [read post]
18 Nov 2014, 1:57 am
"Sin comentarios" -- or should thatbe "sense comentaris"? [read post]
17 Nov 2014, 11:28 pm
Merpel was in the process of deciding between duck with animal derivative sauce and fisherman’s feast when another type of derivative caught her eye. [read post]
17 Nov 2014, 7:57 am
The defendants, a UK company and its director, Mr Carter [the company has been subsequently liquidated and Mr Carter currently works as a "forklift truck driver at a warehouse for Tesco"], provide "similar and competing services" to those of the claimant, and also operate a website (www.escortgps.xxx) [Merpel wonders whether this domain name means that escorts are fully equipped with a GPS device?]. [read post]
17 Nov 2014, 4:05 am
It’s all about the good/bad willing of the infringer, says Jeremy, while Merpel launches the brand-new word “Haconian” – which carries a rather different meaning from Draconian.* Monday Meraviglia & Les Fantaisies du VendrediHow lovely these continental variations are.PREVIOUSLY, ON NEVER TOO LATENever too late 19 [week ending Sunday 9 November] – Copyright over Kim Kardashian’s bottom | EPO under EU Parliament’s investigation? [read post]
16 Nov 2014, 6:02 pm
The EPO believes that differences in search classification systems represent a barrier in the harmonisation of international patents [that surely isn't controversial, says Merpel, who observes that, in the admittedly weakly-analogous field of trade mark law, even use of the same classification system by different people can appear to be a barrier to harmonisation]. [read post]
15 Nov 2014, 6:11 pm
Merpel's now toying with a new word: "Haconian", meaning "sensible because it avoids going into those places that will only get you into trouble if you go there". ** Cymbal plays Cat-opoly, from Cat Videos [read post]
