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Menampilkan postingan dari Desember, 2003

Going Downward Inwards History

’s masters, Jeremy together with Ilanah, are preparing a enquiry newspaper called “Going Down inward History: Does History Have Anything to Offer Today’s Intellectual Property Lawyer?”. We are ready to deliver this newspaper at a Research Seminar funded past times the Economic together with Social Research Council on Fri 23 January. It is our arguing that the champaign of report of history, if used properly, may shed valuable low-cal on our agreement of intellectual holding constabulary together with practice, simply that its utility is express past times methodological together with other issues. We’d quite similar about feedback on the starting fourth dimension draft so, if you’d similar to read it, email us together with we’ll ship you lot a re-create of the text equally it stands together with then far.

Open All Hours

Don’t those plucky people at the Patent Office e'er get got a holiday? Like the IPKat, they’ve been difficult at run as well as today they’ve posted the novel directions for filing patent applications past times electronic means also every bit a novel trade seat inter partes hearing booking form . Workaholics click here , here and here Comment hither

New Canis Familiaris On Guard, Together With Thence Stimulate Got Attention How Yous Communicate

Today inward the U.K. the Office of Communications ( Ofcom ), the novel super-regulator for the television, radio, paper together with telecommunication industries, assumed its total powers. Ofcom has been formed through the merger of 5 classify watchdogs: the Office of Telecommunications (Oftel), the Radio Communications Agency, the Broadcasting Standards Commission, the Radio Authority together with the Independent Television Commission. The novel body, which volition wield swell ability over Britain's communications sectors, publishes its outset annual innovation on xix January. Even earlier doing so, Ofcom has already commenced a review of public-service broadcasting earlier the renewal of the BBC charter . This review volition elevate one's heed whether the BBC should proceed to endure sole recipient of the compulsory licence fee which is levied on all United Kingdom TV owners whether they lookout the BBC or not. Influenza A virus subtype H5N1 farther review could conseque

Canadian Liberal Candidate Illiberal When It Comes To Parodists

There’s a tempest brewing inwards Canada. learns (via boingboing ) that the writers of PaulMartinTime.ca , a site parodying Paul Martin, the Canadian Liberal prime number ministerial candidate, accept been threatened amongst legal activeness past times the webmaster of paulmartintimes.ca . The people behind the official site, spell acknowledging the parodists’ complimentary spoken communication rights, accept said that the parodists accept gone likewise far because, inwards basing the blueprint of their site on the official site, they accept appropriated Paul Martin’s copyright-protected fine art work, graphics together with the way sheet. They accept told PaulMartinTime.ca that its writers are complimentary to limited their opinions but this liberty does non stretch to the correct to invade other peoples’ belongings rights. The parodists were told to brand the necessary changes past times 5pm on 24 Dec or confront legal action. notes that the appearance of the 2 sites is really

French Writer Finds Something Fishy Most Disney’S Nemo

The Telegraph reports that a immature French author, Franck le Calvez, is suing Disney, claiming that it copied his thought for a lovable cartoon fish inwards its striking cinema Finding Nemo . Le Calvez says that Disney’s clown fish bears an uncanny resemblance to his creation, Pierrot Le Poisson-Clown , which he claims he conceived inwards 1995. He is straightaway suing for damages for copyright in addition to merchandise grade infringement, demanding the withdrawal of all Nemo books in addition to merchandise from French shops. Disney has hired 5 lawyers to grapple the case. Le Calvez, who is also a marine lawyer, suspected infringement later he learned of the Disney movie's unloosen inwards the United States of America of America before this year. There was a striking similarity betwixt Nemo in addition to Pierrot, which he created when he was a pupil in addition to aspiring film-maker. This wasn’t surprising, given that i clown fish looks much similar another. But the plot

Children’S Photos? Solely Kidding

BBC reports that, afterwards staff placed the spy photographic idiot box camera within an business office clock inwards an endeavor to halt a serial of weekend thefts, the caput instructor of Walton High School, Stafford, has written to parents to reassure them that children were non beingness filmed. Under local ascendancy guidelines, schools are non allowed covert filming without permission. Although the camera, discovered yesteryear contractors working at the school, was focused upon the office, at that spot were concerns that an following classroom was inwards view. Staffordshire County Council's Department for Education too Lifelong Learning said that permission for the photographic idiot box camera had non been obtained from the caput teacher, simply that no pupils had been recorded. Said a nameless functionary of the Department: "We are satisfied that the staff involved were non aware of this too that their actions were well-intentioned simply misguided. They create got

What's The Secret?

Sid James, had already encountered problems when Zeta Jones' parents, who rarely verbalize to the media, refused to cooperate. wonders what data inwards Goodwin's mass concerning the publicity-conscious actress made her learn her lawyers to threaten legal action. He likewise wonders what the lawyers wrote to orbit a dramatic last-minute climb-down past times the publishers. The green prize is offered for the best speculation every bit to what specific data the actress was anxious to suppress. Comment hither

Pop Goes The Merchandise Mark

The BBC reports that the popular star Robbie Williams has registered his lift every bit a merchandise score for “goods ranging from videos in addition to CDs to crayons in addition to napkins. He is too protected for "printed matter", which includes calendars”. is a trivial puzzled. Thorough mouser that he is, he paid a catch to the Patent Office website in addition to searched for Mr William’s merchandise mark. Lo in addition to behold, he constitute both a CTM registration in addition to a UK registration. To his surprise though, spell the BBC’s even out was dated 26 Dec 2003, the registrations were dated eleven September 1998 in addition to nineteen June 1998 respectively. suspects that either: (i) the BBC were trying to “create” unopen to tidings over the placidity festive catamenia or (ii) that the Patent Office has been trying to drum upwards merchandise past times issuing a press liberate explaining how the merchandise score organisation industrial plant in a

Up Against The Wal-Mart

Never having shopped at Wal-Mart, the IPKat prefers to post his human owners out to create his shopping for him. Nonetheless his whiskers are sensitive to the give-and-take inward the street, which is why he’s ever on the look-out for neologisms. And he’s only industrial plant life a fresh one: the Word-Spy here , here , here , here in addition to here Work for Wal-Mart? Looking for a career move? Click here Comment hither

It’S Non But Christmas Solar Daytime …

…but too the twenty-four hours the Madrid Protocol and the Madrid Agreement take upshot inward Iran, making the Islamic Republic the 74th to bring together the Madrid system. The novel Iranian merchandise rank police line to implement Madrid at national rank nevertheless awaits the blessing of the Iranian Assembly. is pleased to encounter Islamic Republic of Iran bring together the 2 Madrids, only wonders well-nigh the chances of Islamic Republic of Iran acceding to some other pregnant IP treaty.Under electrical flow Iranian police line the registration of merchandise marks for beer inward Class 32 as well as other alcoholic beverages inward Class 33 is strictly prohibited. Islamic Republic of Iran has non yet larn a Member of the World Trade Organization : to create hence it would guide keep to guide keep Article 15(4) of the TRIPs Agreement , which states: “the nature of the goods or services to which a trademark is to endure applied shall inward no example variety an obstruction

The Rootage 2

Founded inwards 1887, Simpson Grierson is i of New Zealand's leading constabulary firms, alongside 170 lawyers together with a substantial, thriving intellectual holding practice . , who has enjoyed perusing the firm’s newsletters, has but received a re-create of the showtime number of its novel twice-yearly magazine, Source . In appearance it’s similar a glossy, upmarket lifestyle magazine, though the text is dedicated to the firm’s legal together with commercial achievements inwards recent months. Cover girl, partner Shelley Cave, shows an elegant brace of legs. Source also boasts nutrient together with vino pages, a rare final result for whatever constabulary firm’s promotional issue. is a footling surprised at the selection of the cite Source . The Source , equally is good known to readers of this blog, is the cite of the periodical that has had a recent spat alongside Eminem over the distribution of around old, racist raps. Source is likewise the cite of a leading photogra

The Rootage 1

On 22 Dec the IPKat reported on Eminem’s success inward blocking the unwrap of ane of his early on recordings inward The Source . Now mtv.com has reported that Judge Gerald E. Lynch, the same gauge who conducted final week’s copyright infringement hearing, has immediately allowed the magazine to teach forwards alongside express excerpts. This Mon Lynch authorised The Source to unwrap upwardly to 20 seconds of the recording, according to a spokesperson for the magazine, maxim it savage inside the magazine's correct to fair usage for the hold upwardly of criticism. In a contestation The Source applauded the judge's determination equally a victory. The magazine has nonetheless to determine which 20-second segment of the near six-minute freestyle it volition use. United States statutory provision on fair usage here ; commentaries on fair usage here , here and here What tin yous create inward 20 seconds? Click here , here, here or here to honor out. 20 Seconds of Pleasure h

Copyright For Bird-Brains

The BBC reports that shoppers inward Wakefield, Yorkshire convey had the dubious pleasance of about rather odd motivational “music” every bit they complete off their Christmas shopping. Once an hour, the well of gobbling turkeys is piped from the city’s media in addition to inventiveness centre. In fact, the recording is business office of an “audio sculpture” entitled “what create people inward Turkey telephone outcry upward turkey?" past times Jay Jones, a Californian artist. The move replaces about other “audio” sculpture - "Countryside? Ceci, une vache", which comprised the well of ii cows mooing. has been pondering how such recordings of everyday noises tin endure protected past times copyright. Certainly in that location volition endure rights inward the well recording merely it may endure hard for Jones to present that the meat of his “audio sculpture” fits into whatever of the classes of plant listed every bit beingness eligible for protection. The creati

Decss Legal Says Norwegian Court

Reuters reports that an Oslo appeal courtroom has constitute that Jon Johansen, the youthful Norwegian author of the DeCSS figurer programme that unlocks the anti-copying protection on DVDs, has non broken whatever laws. Johansen, who claimed that his code was to enable Linux-users to play DVDs, equally good disseminated it over the internet. Additionally, the courtroom constitute that in that place was no copyright infringement where consumers made dorsum upwards copies of DVDs (and past times analogy CDs) that they owned inwards instance the originals were scratched for example. The claimant directly has ii weeks to appeal to the Norwegian Supreme Court. welcomes the conclusion inwards equally far equally it opens the trend for DeCSS to last used to decode technological protection measures where the argue for wanted to re-create the DVD is legitimate e.g. the creation of back-up copies of DVDs. However, he does non condone the purpose of DeCSS past times those who but desire to

Time To Survive An Infringer

The Register reports that i-Desk Solutions , a British companionship that builds computers into desks, has won an injunction against Time Computers' parent companionship to foreclose the PC supplier from offering a desk-integrated reckoner of its own. i-desk's injunction was granted final calendar week subsequently the judge, Mr Justice Patten, ruled that the Time Group had "deliberately" as well as "disgracefully" attempted to re-create as well as expire off its ain systems equally i-Desk products. The i-desk system , aimed at colleges as well as businesses, bolts a slimline PC into the desk's metallic frame. An LCD monitor is mounted on to the tabletop. Each desk is designed to connect to others, jigsaw-fashion, for greater stability as well as inwards the classroom. Patent protection was sought inwards 1999 simply has non all the same been granted. The Court ordered the Time Group to pay an initial £200,000 towards i-Desk's legal costs pending a s

Us Conclusion Takes A (Down)Load Off Isps' Minds

The New York Times reports that the USA Court of Appeals has held that copyright owners cannot forcefulness cyberspace service providers to expose data almost downloaders without a courtroom lodge approved past times a judge. Influenza A virus subtype H5N1 previous district courtroom determination had allowed owners to compel the disclosure of downloaders’ data subsequently presenting a subpoena submitting to a courtroom clerk without the demand for a judge's approval. RIAA has condemned the decision, proverb that it volition no longer live on able to warn people that it is considering bringing activity against inwards advance, giving them the chance to settle. Instead, it claims that it volition accept to select John Doe cases against anonymous downloaders as well as alone genuinely brand personal contact in 1 trial courtroom proceedings are nether fashion as well as their identities are unmasked. welcomes the decision. He things that downloading copyright-protected music is

British Gas Blames Information Protection Human Activity Equally Twosome Leave Of Absence Afterward Gas Is Cutting Off

The BBC reports on the distressing representative of an elderly duad who died afterward their gas was cutting off, leaving them amongst no cardinal heating. The duad had fallen into arrears on their pecker together with owed British Gas £140.62. British Gas claims that it could non warning the social services to their plight because, nether the Data Protection Act, it is non allowed to reveal details to peoples’ debts to tertiary parties without the permission of the debtors. The coroner inwards the case, Dr Paul Knapman, has said that he volition write to the Information Commission , informing him of the circumstances of the couple’s expiry together with inviting him to conduct maintain such activity equally he feels fit. British Gas has called for a review of the law together with Help the Aged has expressed describe of piece of occupation concern nigh the electrical flow system. , piece acknowledging the importance of privacy, is unhappy nigh the prospect of the requirements of

Formerly Anti-Establishment Star Saved Past Times The Court

In New York terminal week, acoring to mtv.com , a Federal courtroom guess granted white rap star Eminem (Marshall Mathers) an injunction against The Source , blocking the hip-hop publication from releasing a CD containing a controversial freestyle. The magazine's owners, Ray "Benzino" Scott as well as David Mays, held a press conference terminal calendar month to publicise an old recording inwards which a immature Marshall Mathers talks disparagingly nigh dark women. They promised that a CD of the freestyle would live on included inwards their Feb issue, due on newsstands on thirteen January. An apologetic Eminem conceded he made the vocal inwards anger: "I did as well as said a lot of stupid s**** when I was a kid, only that's usage of growing up. The tape of me rapping xv years agone every bit a teenager that was latterly release past times The Source inwards no agency represents who I was as well as hence or who I am today". Attorneys for Eminem as well a

Kazaa Non Liable For Copyright Infringement Says Dutch Supreme Court

Findlaw reports that the Dutch Supreme Court has ruled that the makers of Kazaa , the file-sharing program, cannot move held liable for copyright infringement regarding music, films in addition to other files that are swapped on its network. The activity was brought past times Buma/Stemra , which protects the interests of the Dutch music manufacture in addition to had demanded that Kazaa either unopen downwardly or move forced to pay $124,000 for every solar daytime that it operated. According to Australian IT , Buma Sterma has right away intimated that it may right away become later consumers instead, equally business office of its attempts to scissure downwardly of file-sharing. would move upset if, next this decision, the Dutch music manufacture chose to target private file sharers. So far activity against individuals has been express to the US. While file sharing is clearly copyright infringement, in that place was a fourth dimension when the full general belief was that that

Mill Chuck Patent: Approximate Won’T Chuck Out Defendant’S Application

In Nikken Kosakusho Works Ltd too to a greater extent than or less other 5 Pioneer Trading Co Ltd (19 December) the Patents Court faced a curious piffling local dispute amongst potentially international consequences. Nikken sued Pioneer inwards the UK, the U.S.A. too FRG for infringing their patent for a manufacturing flora chuck used inwards applied scientific discipline processes. In the UK, Nikken discontinued their claim after the application for an interim injunction was refused on the reason that, on the evidence, at that spot was no arguable case. Pioneer too thus asked Nikken to admit that the chuck did non infringe the patent. Nikken refused, thus Pioneer applied for permission to improve their counterclaim to enable them to try a annunciation nether s.71 of the Patents Act 1977 that they were non infringing Nikken’s patent. Nikken resisted that application on the grounds that (i) they had offered binding undertakings neither to threaten nor to choose proceedings against Pione

Non-Conventional Merchandise Marks Too Community Law

Non-Conventional Trade Marks as well as Community Law is the championship of an attractive as well as topical mass yesteryear Stefano Sandri as well as Sergio Rizzi. Although they nonetheless correspond exclusively a tiny proportion of merchandise grade applications inwards Europe as well as elsewhere, non-conventional marks such equally shapes, sounds, smells, colours as well as tastes withdraw maintain preoccupied both person practitioners as well as their clients a nifty bargain of late, which is why Thomas P. Arden's little mass on the same dependent champaign inwards the the United States has proved pop fifty-fifty with practitioners who produce non regularly detect themselves filing applications to register weird as well as wacky marks. Published yesteryear MARQUES , from whom the mass may hold upward purchased online, this mass is fantabulous value for money: its nearly 350 pages are nonetheless on offering from MARQUES at the pre-publication toll of €35 (£25), summation

Reputation Together With Trust Sells The Goods

Tom Blackett, writing on brandchannel.com , emphasises the importance of reputation inwards purchasing decisions. He argues that in i lawsuit a consumer has experienced a build together with has flora it to hold upwards satisfactory, he volition trust that build together with volition dice on to purchase it, fifty-fifty if at that spot are cheaper alternatives available (hence the notion of “trust marks”). He gives the illustration of a marketplace position inwards Soweto where, despite the poverty of the inhabitants, exclusively expensive major brands are available because consumers can’t afford to build a purchasing error together with and then exclusively purchase brands they know to hold upwards OK. He sees the visual chemical subdivision of a build every bit acting every bit a proxy for a mark’s reputation, triggering off the consumer’s recollection of a mark’s reputation together with celebrates “how wonderfully enlightened is the law, which allows build owners to protect their

Three To A Greater Extent Than Sausage Names Accomplish Protected Status

The Official Journal of the European Commission records inward Commission Regulation 2206/2003 that the names of 3 High German sausages accept been elevated to the condition of protected geographical indications. The lucky 3 are THÜRINGER LEBERWURST (Thuringian Liver Sausage), THÜRINGER ROTWURST (Thuringian Red Sausage) as well as THÜRINGER ROSTBRATWURST (Thuringian Rib Steak Sausage). Trifle amongst these sausages at your peril, for their appellations are directly protected yesteryear Council Regulation 2081/92 . And don’t dare feed them to your dogs, since the Annex to the Regulation 2206/2003 stipulates that the all 3 delicacies are intended for human consumption. History of sausages here Fun as well as fantasy amongst sausages here , here and here Sausages that grow on trees here Comment hither

Douwe Stirs Upward Java Row

has received farther give-and-take on the Advocate General's Opinion inward Douwe Egberts NV v Westrom Pharma NV, Souranis Christophe in addition to FICS-World BVBA , Case C-239/02 (blogged on IPKat, xi Dec 2003). This Opinion, which has withal non been rendered into English, straightaway appears to bargain with honest advertising practices rather than merchandise marks every bit such. Douwe , who made in addition to sold DOUWE EGBERTS java inward Kingdom of Belgium objected to the sale of Westrom's production " DynaSvelte Cafe ". That product, composed of minute coffee, fructose in addition to chromium, was marketed every bit a slimming aid. The jar, label in addition to instructions mentioned the "weight control" or "slimming" qualities of the production too every bit a arguing that it had been developed past times a "Dr Ann Wees Allen of the Glycaemic Research Institute ". Douwe claimed that such endorsement breached diverse provision

But Volition They Accept 10 Light-Green Bottles?

Ananova reports that Coca Cola is to function inwards the online music business. Next calendar month it volition launch mycokemusic.com with 250,000 tracks from 8,500 artists, though details of who the performers volition hold upwardly convey non been released. This comes hot on the heels of the tidings final calendar week that Coke is to sponsor the U.K. singles in addition to album charts. Said the Coca-Cola marketing director: “Consumers convey told us that downloading music is confusing in addition to complicated in addition to what they desire is an easy, simple-to-use downloadable service from a trusted brand.” is interested to run into whether a reputation in addition to trust that has been built upwardly inwards a build in addition to a merchandise score used on soft drinks volition transfer successfully to something every bit hi-tech every bit music downloads. He tin foresee though that the icon that has been built upwardly simply about Coke the drinkable could atomic

Guidelines Yesteryear Design

OHIM has brought the European Community Design Examination Guidelines into force . The Guidelines are designed to explicate how the Community Design Regulation, the Implementing Regulation in addition to the Fees Regulation volition hold out applied past times the Office in addition to piece out the procedure from the receipt of the application past times OHIM to the registration in addition to publication of the design. Particular emphasis is placed on: the unitary nature of CDs, the involve to keep a register in addition to the involve for user-friendliness (including equally regards pocket-size in addition to medium sized enterprises in addition to private designers) on the part of OHIM. welcomes whatever measures which are going to brand the workings of the Office clearer in addition to looks forrad to next how they volition hold out order into practice. Good purpose do here , here , here in addition to here Comment hither

New Audio Exactly Same Quondam Story: Israeli, Saudi Companies Induce Out For The Correct To Command The Rotana Merchandise Mark

Our cheers to Gadi Oron for sending us a banking company complaint on a recent Israeli case, New Sound v Master Cassette . New Sound, an Israeli manufacturer together with distributor of sound tapes, registered ROTANA inwards for goods inwards Class 9. Master Cassette, about other Israeli company, made together with sold sound tapes inwards the shout out ROTANA nether an exclusive distribution understanding with a Saudi companionship called Rotana (which had registered ROTANA inwards Saudi Arabia). The parties agreed that the ROTANA grade was used past times the Saudi companionship extensively inwards about Middle East countries together with was advertised inwards Arab TV broadcasts which were pop with Arab Israelis. The grade every bit used past times New Sound was identical to the grade every bit registered inwards Saudi Arabia. New Sound sued for infringement together with Master Cassette counterclaimed for invalidity (note: the Saudi companionship did non look inwards these procee

What Goes Downwards Mustn't Come Upward Up Says Canadian Copyright Board

Friend of the IPKat the MediaBeak (who said cats in addition to birds don’t become on?) brought the determination of the Canadian Copyright Board (reported on news.com ) to the IPKat’s attention. The Board decided final Fri that uploading of P2P files is outlawed past times Canadian copyright law. However, because the Copyright Act allows earth to brand copies for personal piece of occupation in addition to does non address the source of those copies or whether the master has to live an authorised or non-infringing version, inwards sure as shooting circumstances at least, downloading P2P files may live permissible. The Board too imposed a levy on MP3 players, like to the levy payable on the buy of other recording devices, to brand upwardly for the revenues lost past times artists through personal copying. The determination has non been welcomed past times recording manufacture involvement groups such equally RIAA in addition to remains to live tested inwards the courts. is puzzled

Neither Snot Nor Spinach

raised a furore terminal calendar week when he told Ilanah’s favourite joke (“Do Trade Marks Get Up Your Nose?”, viii December). In an urgent endeavour to construct amends past times telling a joke inwards somewhat ameliorate taste, he is pleased to convey you lot a tale which masquerades equally a truthful even out (sub nom. “Actual Australian Court Docket 12659: the Case of the Pregnant Lady”). The story, which has genuinely been doing the rounds on the meshing for some time, goes equally follows: A lady most viii months important got on a bus. She noticed the homo reverse her was smiling at her. She straight off moved to some other seat. This fourth dimension the grin turned into a grin, as well as so she moved again. The homo seemed to a greater extent than amused. When, on the 4th move, the homo outburst out laughing, she complained to the driver as well as he had the homo arrested. The representative came upwards inwards court. The gauge asked the homo (about twenty years o

Mock The Monogram?

Mock the Monogram, argues fashionUK . The site berates the ubiquity of the Louis Vuitton logo, introduce on every celebrity’s luggage, as well as proposes 2 solutions. For the to a greater extent than affluent it suggests doing one’s ain affair as well as purchasing high-quality luggage made past times an indigenous U.K. firm, rather than the park LV-patterned cases. Alternatively, it promotes the wares of Red Dot , which sells wearable spoofing the Louis Vuitton logo (in fact, its entire Autumn/Winter Catalogue is comprised of Star Wars as well as Gold’s Gym spoofs). opines that a grade of world backlash is ofttimes the cost paid past times a highly successful brand. It may locomote counterproductive to accept legal activity against such spoofers, a course of didactics of activity which volition merely depict attending to their activities. Anyway there’s a expert declaration for maxim that, 1 time a grade becomes a cultural icon, Blue Planet should locomote given a grade of latitu

Snap! Says Singapore Fellowship To Lacoste

Yahoo study on the 40-year merchandise rank battle that’s been going on betwixt Lacoste in addition to the Singapore company, Crocodile International. Most recently, Lacoste had lost inwards its endeavour to register its rank for cosmetics inwards China. Crocodile International claims that its rank was drawn yesteryear Tan Hiantsin inwards 1947 in addition to was registered equally a merchandise rank inwards Singapore inwards 1951. For its part, Lacoste points to a French registration dating dorsum to 1933. Additionally, Lacoste registered inwards Red People's Republic of China inwards 1980, piece Crocodile International waited until 1998. Now Lacoste’s right-facing crocodile is taking on Crocodile International’s left-facing crocodile inwards merchandise rank suits across China, the residual of Asia in addition to the Middle East. thinks that in that place should hold out room for both marks to co-exist of the market. Crocodiles are a well-known fellow member of the fauna k

Quick May Non Endure Descriptive Of Products Produced Slowly, Only Cfi Even Then Rejects Application

nearly missed a flim-flam when he didn't country y'all close i of final month's Court of First Instance (CFI) Community merchandise grade (CTM) cases that wasn't available inward English: Case T-348/02 Quick Restaurants SA v Office for Harmonisation inward the Internal Market . But never hear - hither it is. Quick applied to register the figurative grade QUICK every bit a CTM for goods inward Classes 29 to 32 in addition to 42. The application was refused nether Art.7(1)(b) in addition to (c) of Regulation 40/94 for all the goods in addition to services designated yesteryear the grade on the grounds that (i) the grade was composed alone of the term "quick", which designated the lineament of the applicant's products in addition to services in addition to (ii) that it was devoid of whatever distinctive grapheme inward honor of those goods in addition to services. Although Quick's appeal to the Board of Appeal was successful for to a greater extent th

Putting The Kicking In: Medico Martens Flatten Logo Copyright Assignees

In Said one of them: “We were shafted”. agrees. The defendants who took an assignment of the legal involvement inward the copyright were competitors of Griggs, who could non lawfully attain got used the combined logo inward whatever of the countries inward which Griggs traded. Business that committee logos, badges etc should yet brand certain they attain got an assignment of the copyright upwardly front end together with that, where they hire a pattern way that uses freelance talent, the pattern agency’s contract alongside whatever independent designer reflects the commercial reality. Otherwise all that happens is that, every bit here, the parties boot the bucket embroiled inward fruitless litigation every bit to which of them owns a copyright hold upwardly which alone ane of them tin profitably use. Other copyright infringement involving Raben Footwear here Airwair here and here Other much loved doctors here , here , here and here Comment hither

Does Programme Name-Change Defame Participant?

Peter Watt, a educatee in addition to 1 of 12 unemployed men who agreed to participate inwards a reality TV documentary called “Back to Work”, is threatening to sue programme makers later the championship of the exhibit was changed to “Born Idle”. The 12 were to live on filmed every bit they attempted to supply to employment. But Watt, of Jarrow, South Tyneside, says he was horrified to have a missive of the alphabet from makers Lion TV maxim that the championship had been changed to “ Born Idle ”. The programme involved the 12 beingness taken to a "boot camp" which was run past times a grouping of trainers dressed every bit U.S.A. marines. Watt is consulting lawyers inwards an sweat to forestall the programme's transmission on 6 January. Watt, directly a catering educatee at South Tyneside College , said: "What jeopardy volition I possess got of getting a labor later beingness labelled born idle on national TV? It's a disgraceful slur". David Upsal, the pro

Dial Sec For Spy

The New York Times reports on the growing apprehensiveness towards photographic television set camera phones. The fearfulness is that they volition survive used to invade the privacy of unsuspecting members of Earth through the taking of unsolicited photographs. Chicago City Council is to vote on the 17th equally to whether to ban such phones from world bathrooms, locker rooms as well as showers. Other areas conduct maintain successfully taken like measures, around fifty-fifty going equally far equally banning all mobile phones from changing rooms, the declaration being, why would a mortal require a outcry upward inwards those areas as well as that world security should come upward first. states that spell the pictures created past times photographic television set camera phones are no to a greater extent than invasive than whatever other pictures, the small-scale size of photographic television set camera phones, the speed that pictures tin survive disseminated as well as the fac

Congratulations Jeremy

I'd similar to enjoin a big good done to my IPKat partner, Jeremy, whose mass - Trade Mark Law: H5N1 Practical Anatomy - is existence launched today. It was a privilege in addition to a pleasance (and a non inconsiderable total of fun) working on it amongst you. Enjoy your solar daytime (and visit the embarrassment arising from this spider web log equally revenge for Monday's spinach/snot blog). Comment hither

From Hither To Maternity

, piece scouring the web, institute this rather strange niggling registry decision . Casa Damiani applied to register its international registration of the MATERNITY seat for precious metals together with stones together with jewellery etc. inward the United Kingdom of Great Britain together with Northern Ireland of Britain together with Northern Republic of Ireland nether the Madrid Protocol. The Registry refused the application. As good every bit deciding against the applicant on a procedural point, it every bit good institute that the seat was descriptive nether s.3(1)(c) of the Trade Marks Act 1994 every bit it could non distinguish Casa Damiani’s goods from those of other undertakings. The relevant consumer would perceive the seat every bit used inward relation to the goods inward enquiry every bit an indication that the goods sold bearing the sign were suitable to live on offered every bit gifts or tokens of dear together with devotion inward reply to the intelligence that the re

Trade Marks Hearing Officeholder Shows How To Brand No-One Happy

In the High Court’s Chancery Division this Tuesday, Mr Justice Lloyd affirmed inwards Mars UK Ltd 5 Société des Produits Nestlé SA (transcript non nevertheless available) something that everyone except Nestlé already knew: yous can’t brand meaning amendments to a merchandise score midway through application proceedings. In this illustration Nestlé had sought to register every minute a 3 dimensional score the sort of the pop "Polo" mint, merely without the give-and-take "Polo" on it. Mars filed an objection to the application on the grounds that (i) it was devoid of whatever distinctive grapheme for the purposes of s.3(1)(b) of the Trade Marks Act 1994, as well as that (ii) it was inwards mutual usage as well as so non registrable nether s.3(1)(d) either. The Hearing Officer ruled that the application should last amended then every minute to specify that the sort was (i) coloured white as well as (ii) of the same size every minute the "Polo" mint, including

Fake Information Protection Way Injuncted: About Other Representative For No-Marks?

Following activity yesteryear the UK’s Office of Fair Trading ( OFT ), the High Court has granted an interim injunction against Christopher Yewdall to halt his interest inward misleading advertising for information protection notification services. The OFT claimed Yewdall was involved amongst misleading advertisements relating to notification amongst the Information Commissioner under the Data Protection Act 1998. Yewdall’s ads used phoney damage such every mo Data Protection Agency, Data Protection Agency Registrations, Data Protection Agency Services, National Registrations, Data Protection Registration together with Data Protection Registration Services. The OFT received thousands of complaints from businesses regarding these adverts, which used supply addresses all over the country. Yewdall had previously given written assurances to the OFT that he would non move involved amongst such advertising. The OFT considers that such adverts are misleading because they laissez passer the i

Guest Blogger: Katy Basile On Component Together With Attribute Branding

Today's invitee blogger is Katy Basile of American police pull line of piece of employment solid Howrey Simon Arnold & White. She made the IPKat's acquaintance when she was speaking at the MARQUES conference inwards September together with the IPKat is happy to acquaint her weblog on gene together with attribute branding: As many of us start out to purchase vacation gifts, we'll convey to arrive at upward one's withdraw heed if nosotros we wishing to purchase individual a duo of NIKE running shorts made amongst LYCRA, a jail cellular telephone band customized for those who purchase together with ride Harley Davidson motorcycles, or a estimator bearing the INTEL INSIDE Logo. Or perchance it is fourth dimension for a novel auto -- volition yous choose the 1 that comes amongst a BOSE audio arrangement (it tin last a MASERATI Quattroporte or a NISSAN QUEST(tm) Minivan)? And perchance you'll build many of these purchases amongst a DISNEY VISA Credit Card from Ba

Wein Kampf

According to Ananova , Christmas sales of Adolf Hitler vino own got reached a tape high, next the publicity generated past times attempts to ban it both inwards Brussels as well as Berlin. Wine-grower Alessandro Lunardelli started selling the bottles of Hitler vino inwards Deutschland inwards 1995 subsequently the success of his Mussolini label inwards Italy. Lunardelli maintains that Christmas sales own got "gone through the roof" thank y'all to the involvement generated past times publicity over attempts to ban his wine. "Getting sued was the best affair that could own got happened", Lunardelli is quoted equally saying. Lunardelli was previously sued inwards Italia over his Mussolini vino only escaped fines as well as jail because regime said it could non survive proven that he was promoting fascism. His Hitler vino has caused a similar row, alongside Deutschland bespeak Italia to deed to halt Lunardelli. The Hitler vino is on the marketplace alongside the slo