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17 Feb 2014, 3:28 pm
 Merpel adds, don't forget Starbucks' ill-fated litigation against Charbucks, written  up by former guest Kat Miri Frankel here.Happy anniversaries! [read post]
16 Feb 2014, 1:15 pm
 But, perhaps this type of question is exactly what Sunday evenings are made for - so let us ponder.....It looks good, but don't you daretake a photo....If plates of food are going to be protected in any country, surely it would be France where the chef is, like his paintbrush wielding cousin, also considered an artist with surely as strong a claim to IP and moral rights protection ["They do not call it culinary arts for nothing", muses Merpel]. [read post]
13 Feb 2014, 2:48 am
, possibly on grounds that the issues at stake in this case were fairly straightforward to address [Merpel admires boldness, and this is indeed likely to make a great example of what being bold actually means].Anyway: Let there be love light! [read post]
12 Feb 2014, 4:02 am
Drinks and nibbles will be provided [Merpel has it on good authorities that BDB is very proud/fond of its chef's canapés which, she hopes, will be Kat-friendly]. [read post]
11 Feb 2014, 2:13 pm
It will deter online retailers from promoting alternatives to products that they do not sell and it will restrict how retailers use search engines on their own sites as well as third party search engines for marketing purposes [Merpel's not so sure. when you think how many retailers do promote alternatives to products that they do not sell, how much money they appear to make and how rarely any actions against them ever get to court, she thinks they'll need an awful lot more deterring than… [read post]
11 Feb 2014, 12:58 am by Eleonora Rosati
The IPKat and Merpel have just launched a poll asking readers what answer the CJEU is likely to provide to this question. [read post]
9 Feb 2014, 3:07 pm
What was reported there was a preliminary skirmish in which the honours went to TCF, which said it should be the High Court and not the Patents County Court that would decided whether TCF's hit TV series "glee" [with a deliberately small and somewhat annoying small "g", notes Merpel, except on TCF's website for it, where it's "G"] infringed Comic Enterprises' series of registered trade mark containing the words "The Glee Club" and constituted an act of passing off. [read post]
9 Feb 2014, 4:20 am
Merpel's thinking of the environment: grown-up pedal-powered Cozy Coupes would be great for urban use. [read post]
7 Feb 2014, 4:42 am
  Merpel, eager to butt in, thinks that one’s hopeless.As well as neatly summing up the thought process adopted by the Board of Appeal and General Court in assessing likelihood of confusion, the case serves as a good illustration of what can happen when multiple tribunals apply the nebulous “global appreciation” test to the same facts – sometimes they agree but other times they reach completely opposite conclusions. [read post]
6 Feb 2014, 8:14 am
 Besides issues of incorrect or missing invoicing, all this has resulted in fewer music services being available to consumers across the EU, along with a slower uptake of innovative services and poor allocation of revenue to rightholders.Andrius will be finally able to choose whoshould take care of his repertoire(and his collection of leather jackets)Thus, this new directive intends to:Improve the way all collective management organisations are managed by establishing common governance,… [read post]
6 Feb 2014, 7:09 am
For a number of years, Red Bull had been trying to stop Mr de Vries [Merpel notes that Google Translate renders "de Vries" as "The freezer": is this correct?] [read post]
5 Feb 2014, 3:26 pm
Darcy is just visiting ...The IPKat and Merpel rather lost sight of things after that, and it has taken a nudge all the way from New Zealand to get them focused on the latest developments. [read post]
5 Feb 2014, 12:04 pm
Merpel closes with the thought that, while no-one ever got fired for buying IBM, people do get sacked for tweeting (here). [read post]
4 Feb 2014, 7:56 am
The safe harbour established by the E-Commerce Directive is aimed to protect and foster this evolution by preventing a strict liability regime for infringing UGCs insofar as ISPs [that is, “humans working for ISPs”, notes Merpel] do not effectively become aware of them. [read post]
4 Feb 2014, 3:59 am
 This is why she asked videogame (law) expert [and player, wonders Merpel?] [read post]
3 Feb 2014, 10:21 am
Occasional guest blogger Sean Gilday (a trainee patent attorney at Page Hargrave) has been having thoughts about setting copyright free and Merpel thought it might be fun to let Sean's ideas (well, one of them, at any rate) loose on his readership. [read post]
3 Feb 2014, 4:54 am
Still on the same Friday Fantasies post, Merpel speculated as to what the collective term for a gathering of patent examiners might be. [read post]
2 Feb 2014, 9:42 pm
Some will know the trade mark and some will be ignorant of it [Says Merpel, noting that this year's buzz-word seems to be "nuanced", it's good to see such a nuanced approach being taken to the concept of the average consumer and his or her attributes]. [read post]