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13 Aug 2014, 1:26 pm
When, as in the present case, the proprietor of a trade mark prohibits the importation of products which bear his trade mark from a country outside the European Union and the European Economic Area, without his consent, this act, considered individually, cannot be regarded as an “agreement” or as “concerted practice” liable to affect trade between Member States and having as its object or as effect the prevention, restriction or distortion of competition within the internal… [read post]
11 Aug 2014, 12:49 pm
” * Merpel roars: the EPO respondsThis is quite epic. [read post]
11 Aug 2014, 5:17 am
Merpel's investigations areunaffected by the legislationThis moggy has been thinking a lot about Bolar provisions in the United Kingdom, where they have recently been amended by the Intellectual Property Act 2014, in a thought-provoking manner that he discussed back in May (coincidentally on the same day that the IP Bill received Royal Assent). [read post]
8 Aug 2014, 9:24 am
It has been rumoured that, before releasing the photograph, the photographer made some amendments to the shot [could this be taking the photo into to wonderful world of the Red Bus case, Merpel wonders].Are paintings by cats any different, in legal terms, from selfies taken by monkeys? [read post]
7 Aug 2014, 2:09 am
 Merpel adds: the bits that go into a legal dispute before the full trial of the substantive issues are like the bits that go inside a handset. [read post]
6 Aug 2014, 10:50 am
A 54-year-old inventor [Merpel's not sure what the relevance of the age is. [read post]
6 Aug 2014, 3:44 am
Merpel is still a little puzzled as to why BMW didn't go straight for the jugular and seek a fine or imprisonment for contempt of court, a step that might deter both Coley and others from treading on its trade marks and which might thereby boost consumer confidence that businesses bandying around the BMW marks and insignia do indeed have some connection with the manufacturer.The Kats' favourite Coley here [read post]
5 Aug 2014, 12:00 am
Merpel posted a piece last week, entitled "7,000 EPO employees in DE, NL, AT & BE ... plus one in FR? [read post]
4 Aug 2014, 4:35 am
Good idea, say the IPKat and Merpel, but will it actually work? [read post]
4 Aug 2014, 4:27 am
 Claims 2 and 3 were each dependent upon claim 1.Merpel never relinquishes her WiiNintendo argued that allowing Philips to amend by deleting the invalid claim 3 would allow for a construction of claim 2 which would invalidate that claim. [read post]
4 Aug 2014, 2:04 am
Hmm, not much inventiveness there, sniffs Merpel. [read post]
3 Aug 2014, 7:49 am
” [Says Merpel, some of us think we already know the answer to that one, but does Christopher ...?]. [read post]
1 Aug 2014, 9:47 am
This Kat is, as is well known, very enthusiastic about coexistence agreements, and he suspects that this is one set of facts that might favour such an outcome since the parameters of a non-confusing use of the P-word by Victoria's Secret can easily be envisaged, and Merpel adds that any such agreement might want to say a bit about bidding for "pink" as an internet keyword too.A further blogpost on this ruling is likely, since it covers so many different issues. [read post]
1 Aug 2014, 8:11 am
If you've not already taken a look, Ingve's archive of interesting bits and pieces concerning patents in the new Europe can be accessed here [Merpel draws the attention of readers to the dictionary entry for EUGH here]. [read post]
31 Jul 2014, 12:32 am
Merpel is interested both in the literal answer to this question (i.e. has the contract been seen by, or have its terms been revealed to, anyone other than the two main actors?) [read post]
31 Jul 2014, 12:00 am by Kingsley Egbuonu
In any case, as readers might probably remember, the de minimis rule as per Recital 35 to the Directive is among the issues at stake in the pending Copydan reference [Merpel, who likes drama, says: it would be fun if the Court of Justice had a different opinion from UK Government and IP profs ...]. [read post]
30 Jul 2014, 6:51 am
 As regards music tracks, Merpel wonders how this could affect the market for this ... [read post]
30 Jul 2014, 1:56 am
No "Greek Yoghurt" product can now enter the United Kingdom unless it fulfils three criteria: it must be made by a straining method, containing no additives or preservatives -- and must be made in Greece).A generous Katpat goes to Richard Price (Winston & Strawn, the firm instructed by FAGE), for keeping this Kat so well informed -- and Merpel adds her congratulations on what tur [read post]
29 Jul 2014, 4:22 pm
This day's programme also has the speed-lunching feature, so Merpel hopes there won't be too many escargots on the menu. [read post]