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28 Apr 2014, 9:09 am
He also pointed out that most German judges would not be impressed by evidence of actual confusion of members of the relevant public [Is that because they require better evidence than evidence of actual confusion, which would be impossible to supply, Merpel muses, or because they still believe that confusion is a state of law and not a state of fact? [read post]
5 Oct 2015, 5:13 am
.* The IPKat and his friends: the latest round-up of our IP weblog newsOnce every three months or thereabouts, the IPKat and Merpel post an update of the goings-on both on this weblog and on other IP-flavoured blogs to which members of the IPKat's blog team contribute. [read post]
15 Nov 2018, 3:36 pm
[Merpel notes that although a trial sequence re-jig (i.e. the FRAND trial coming on before the technical trial) has been debated before the English Courts, she is not aware of any case where the FRAND trial has taken place first but would be interested to hear if readers know otherwise]. [read post]
6 Nov 2013, 10:42 am
asks Merpel] Merpel was tired of herphone anyway This leads to the second interesting point – the public judgment lacks two confidential annexes. [read post]
13 Jan 2015, 7:34 am
How about a Christmas catalogue for 2015, suggests Merpel ...] [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]
17 Jul 2015, 7:24 am
 Merpel wonders whether the slow pace might have had something to either with the parties' lawyers wanting to see first what the CJEU did with other "putting goods on the market" cases before getting on with their own actions -- or maybe there was some speculation concerning the extent to which the market price of rum might appreciate while the case was itself 'in transit'. [read post]
21 Feb 2013, 2:49 am
Merpel found paragraphs [56] and [57] of this Opinion particularly interesting: "As well as being illogical and inconsistent, an interpretation other than that set forth above would in fact jeopardise the effectiveness of Article 9(1)... by making it possible to limit, on the basis of the national registration of a sign, the protection conferred on the proprietor of the earlier Community trade mark.... [read post]
11 Feb 2015, 3:57 am
It might even be a good idea to offer free access to the author's preface or a distinguished person's foreword -- in this case written by CJEU judge Christopher Vajda [Merpel agrees. [read post]
7 Feb 2013, 3:13 pm
Merpel is sure that, if there's one thing that is more annoying than not being paid a salary that is commensurate with one's education, training and experience, it's being paid less than someone else who is doing the same work as well as you are. [read post]
14 Aug 2015, 4:38 am
  Also, there is often pressure on the Parliamentary timetable, so when offered a slot for a Bill, it is not surprising if the Law Commission and Intellectual Property Office (IPO) jump at the offer [says Merpel, this is a bit like catching a bus to the wrong destination because there isn’t a bus to the right one]. [read post]
27 Jan 2013, 2:23 pm
Seeking to spread around this visual buffet (too bad so much of it is junk food, sniffs Merpel), an American company called Aereo has set about to deliver real-time live television to all of these devices -- for one dollar a day. [read post]
28 Nov 2013, 2:00 am
  [Merpel licks her lips in anticipation of eating a dinner of roasted turkey, a traditional part of the Thanksgiving meal.] [read post]
4 Mar 2018, 5:25 am
This is hardly an explosive number [at least when compared with US figures, notes Merpel].NPEs target large companies. [read post]
3 Mar 2014, 3:37 am
 The IPKat and Merpel therefore salute occasional guest contributor Paul England (Taylor Wessing) on notching up another birthday and thank him for the following note on a recent ruling from the Patents Court, England and Wales:Deep fat fryer patent almost gets its chipsEnglish chipsIt is perhaps a testament to the enduring love affair between the British and chips [called "French fries" by our American cousins, who reserve the term "chips" for something quite different, notes… [read post]
30 Sep 2013, 2:24 pm
Merpel isn't: how can BOIP flaunt its prowess by conducting business in English but still neglect the linguistic needs of the Welsh, she wonders ... [read post]
3 Oct 2013, 4:17 am
Merpel thinks that this looks like a sensible interpretation of the Brussels I Regulation. [read post]
30 Jul 2014, 6:51 am
 As regards music tracks, Merpel wonders how this could affect the market for this ... [read post]
24 Mar 2015, 7:00 am
" exclaims Merpel, who wonders what happens for people who want to register for an even number of years. [read post]