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5 May 2017, 10:52 am
The right to be forgotten (or forgiven) ...Readers with an interest in data protection and privacy will be certainly familiar with the seminal 2014 decision of the Court of Justice of the European Union (CJEU) in Google Spain v Costeja, C-131/12, by which the top EU court addressed the so called right to be delisted (or forgotten) in the online sphere (more precisely, in relation to search engine results).Readers will also know that in the aftermath of the Google Spain decision a (heated) debate has… [read post]
11 Oct 2016, 8:10 am
As Katfriend Nedim Malovic (@malovicSE) explains, this very question has been recently addressed by the General Court.Here’s what Nedim writes:“In its judgmenton 29 September 2016 (Universal Protein Supplements Corp v European Union Intellectual Property Office Case, T-335/15, EU:T:2016:579) the General Court upheld the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) concerning an application to… [read post]
24 Dec 2017, 6:12 am
Aldi Süd's Champagner SorbetIn a judgment released earlier this week (Comité Interprofessionnel du Vin de Champagne v Aldi Süd Dienstleistungs-GmbH & Co.OHG, C-393/16) the Court of Justice of the European Union (CJEU) reviewed relevant EU legislation on protected designations of origin (PDOs) in deciding a case concerning a sorbet branded and sold as ’Champagner Sorbet’.Katfriend Nedim Malovic (Sandart & Partners) reports.Here’s what… [read post]
6 Feb 2019, 6:12 am
Trade marksGuestKat Nedim Malovic reported on the EUIPO Board of Appeal decision to allow registration of the Barcadi bottle as an EU trade mark, under Class 33 (Alcoholic beverages except beers) of the Nice Classification: EUIPO Fourth Board of Appeal allows registration of Bacardi bottle as an EUTM. [read post]
24 Feb 2017, 5:50 am
Yes, this is indeed what the Swedish Patent and Market Court of Appeal has ordered a major Swedish access provider to do in a recent decision.Katfriend Nedim Malovic (Sandart & Partners) explains how things went.Here’s what Nedim writes:“In a 2016 judgment [commented on IPKat here] the Stockholm District Court (Patent- och Marknadsdomstolen) rejected an application to issue an injunction against a major Swedish internet access… [read post]
29 Jun 2017, 7:15 am
The response of the Canadian Supreme Court has been in the affirmative, as Katfriend Nedim Malovic (Sandart&Partners) explains.Here's what Nedim writes:"The case stemmed from an action originally brought by Equustek Solutions (Equustek), a small technology company in British Columbia that manufactures network devices. [read post]
26 Feb 2019, 1:20 pm
This was followed up by Katfriend Charlotte Waelde who explored whether the Fortnite dances could be a quotation, or fall within any other copyright exceptions.Fortnite expert KatGuestKat Nedim Malovic discussed the EUIPO’s rejection of the trade mark CHEESE for cannabis. [read post]
10 Dec 2019, 12:20 am
EUIPO (C-702/18), where he suggested that the possibility of submitting new arguments and evidence before the General Court in trade mark opposition proceedings could be broadened.Katfriend Deborah Vincze provides a summary of the final implementation in France of Directive 2015/2436 on trade marks.GuestKat Nedim Malovic examines a recent decision of the Fourth Board of Appeal, which found likelihood of confusion between two figurative marks… [read post]
27 Feb 2017, 1:22 pm
It will discuss Article 11 (press publisher’s right) and Article 13 (so-called “value gap”) contained in the Proposal for a Directive on copyright in the Digital Single Market.ARGOS - trade marks, domains, and google advertisingGuest Kat Rosie Burbidge recaps the Argos Ltd v Argos Systems Inc case, [2017] EWHC 231 (Ch), which involves whether the use of the sign as a domain name and AdWords (within the Google advertising program) constitutes trademark infringement and passing… [read post]
29 Jan 2018, 2:57 am
France.com Inc has appealed the decision to the French Supreme Court.As reported by GuestKat Nedim Malovic here, the appeal branch of the specialist Swedish IP court has stayed infringement and validity proceedings on EU trade mark (EUTM) "Manhattan" and referred to the CJEU the question of the intended meaning of "shape, or another characteristic, which gives substantial value to the goods" of Article 7(1)(e)(iii) of the EU… [read post]
28 Nov 2019, 10:39 am
However, as GuestKat Rose Hughes notes, a recent Board of Appeal decision (T 1299/15) confirms it is possible for the burden of proof to shift back to the patentee if "serious doubts" exist.CopyrightKat Eleonora Rosati reports on the CJEU judgment in Spedidam v INA, which followed up on Soulier and Doke and ruled that a presumption of consent of performers in relation to exploitation of recordings is not necessarily contrary to EU law.Katfriend Bohdan Widła (Barta & Kalinski… [read post]
16 May 2017, 2:55 am
‘Right to be forgotten’ may potentially apply to all top-level domains, says Swedish Data Protection AuthorityKatfriend Nedim Malovic (Sandart & Partners) reports on decision [here] of the Swedish Data Protection Authority (DPA) which recently investigated Google’s handling of the right to be forgotten (the possibility for users to file a request regarding the delisting of personal details from search results), and concluded that, if… [read post]
18 Nov 2019, 12:22 am
, Kat Neil Wilkof recalls the singular journey of the term “cutty sark”, which ultimately became the name of a brand of popular Scottish whiskey.GuestKat Nedim Malovic reports on a decision of the Turin Court of First Instance, where Ferrero succeeded in defending its trade mark registrations for its 3D Tic Tac container.When it comes to trade marks, in order to be irreplaceable, one must always be different - this is what Katfriend John Shaw sets out in… [read post]
30 Nov 2016, 2:42 am
Now, Katfriends Nedim Malovic and Patricia Haddad (Sandart & Partners, Stockholm) also took a look at the decision and shared their opinions with Eleonora. [read post]
18 Oct 2016, 6:37 am
General Court confirms that body-builder silhouette cannot be registered as a trade mark for nutritional supplementsKatfriend Nedim Malovic updated us on the judgment of Universal Protein Supplements Corp v European Union Intellectual Property Office Case, T-335/15, EU:T:2016:579, concerning an application to register a figurative sign representing a body-builder as a EU trade mark.The proposed press publishers' right: is it really worth all this noise? [read post]
25 Jun 2018, 7:15 am
Kat Eleonora Rosati discusses: Dutch court rules that for-profit provision of links to unlicensed content is an infringementTrade MarksGuestKat Nedim Malovic reviews a recent CJEU judgment vis-à-vis the KENZO ESTATE mark. [read post]
24 Oct 2017, 8:33 am
.'TOBBIA' EU trade mark declared invalid for conflict with 'PEPPA PIG' EU trade markKatfriend Nedim Malovic (Sandart&Partners) takes us through the decision of the EUIPO First Board of Appeal (R1776/2016-1) relating to the PEPPER PIG and TOBBIA marks. [read post]
10 Sep 2019, 3:31 pm
GuestKat Antonella Gentile has the story.GuestKat Alex Woolgar wrote about a UK case involving two similarly named mobile phone applications that did not result in the granting of an injunction.GuestKat Nedim Malovic wrote about an interesting EUIPO decision that partially invalidated the "Monopoly" EU trade mark.PublishingNovelist Jane Austen and American President U.S. [read post]
29 Dec 2017, 1:00 pm
CJEU rules that ice cream sold as ‘Champagner Sorbet’ can be branded as ‘Champagne’Katfriend Nedim Malovic (Sandart & Partners) reports on a judgement released earlier this week (Comité Interprofessionnel du Vin de Champagne v Aldi Süd Dienstleistungs-GmbH & Co.OHG, C-393/16) where the Court of Justice of the European Union (CJEU) reviewed relevant EU legislation on protected designations of origin (PDOs),… [read post]
31 Oct 2018, 2:23 pm
Patentable foods: The "Impossible" and the eggless.CopyrightGuestKat Nedim Malovic provides his insights about a decision of the Board of the Swedish Advertising Ombudsman, according to which a well-known Distracted Boyfriendmeme used for advertisement could be considered sexually discriminatory and should consequently be banned: Advertisement distributed by Swedish ISP held to be sexually discriminatory.Can copyright vest in mascots and characters? [read post]
