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Londoners opening today's costless re-create of Metro (sadly, all the same non available online) were treated to a listing of fifty "Brands from Hell", compiled past times Marketing magazine. The "Top Ten" most hated brands are every bit follows: 1. POT NOODLE (possibly summit because most people surveyed are women, who are less subject on 2nd meals as well as nutrient substitutes than their manlike individual counterparts) 2. QVC (acronym for "quality, value, convenience", a low-price chain of shops) 3. SUNNY D (the luminous potable formerly known every bit SUNNY DELIGHT) 4. McDONALD'S ($100 ane one one thousand thousand earnings slump, next adverse publicity for its killer foods as well as the warm reception given to the critically acclaimed cinema Super Size Me ) 5. MANCHESTER UNITED (whose sponsor, VODAFONE, is listed at no. 31; immediately that's a message ...) 6. NOVON (er, at that topographic point seem to travel a

The Scotsman 17 Aug 2004 ). is a flake suspicious of all these plans to modify logos which destination upwards beingness scrapped. His cynical side wonders whether such plans are simply designed to focus the public’s attending on brands which are by their prime number as well as therefore that consumers volition realise that, although they create non buy or operate these brands really often, they are inwards fact national institutions that would hold upwards missed if they were gone. More national institutions here , here as well as here

would similar to convey 2 piddling gems from the New York Times to your attention. Monday’s edition provides coverage of a novel mass criticising the patent organisation which has been published yesteryear an economic science professor as well as a professor of investment banking. What interests the IPKat is that the criticisms practise non stalk from the nature of patents per se. Instead they lay the blame at the feet of administrative reforms to the U.S.A. of America system, such every bit the introduction of the Federal Circuit for hearing patent cases as well as the fact that the USPTO has choke self-funding. These reforms select had unintended consequences. For example, at that spot is groovy fourth dimension pressure level on patent examiners, which agency that patents cannot hold upward examined properly. Also, patents are the dependent champaign of increasing amounts of litigation as well as it is the interests of the finite puddle of patent attorneys to brand certain tha

's blogs attract real few posted comments, exactly he receives a lot of emails from people who don't desire their comments to hold upward attributed to them. One such interesting e-mail (which has been anonymised for obvious reasons) is reproduced below. The writer industrial plant for OHIM , the Community Trade Mark Office as well as Design Registry. His missive of the alphabet reads: "Hi, Since I discovered IPkat I real much bask reading it. [...] One of your favorite issues is the work of languages of CFI/ECJ cases. But y'all never cite BoA linguistic communication problems. Did y'all know that all non-English linguistic communication decisions of the Boards are internally translated into English? However, they are non published on OHIM's website. I suppose they are non published for political reasons (discrimination of other languages), which is notwithstanding a pity. Maybe users should complain from fourth dimension to time? [...]". has long b

The International Trademark Association (INTA) has latterly released the book 94, number four (July/August) number of its bimonthly publication The Trademark Reporter. Among the articles inward this number is the intriguing "Of Tartans in addition to Trademarks" yesteryear Ross D. Petty , of Babson College's Marketing Faculty . Going dorsum to pre-Jacobite times, Professor Petty examines tartans inward price of modern concepts such equally merchandise score utilisation in addition to secondary meaning, earlier lastly "While the utilisation of a clan tartan would appear to live aesthetically functional for traditional Scottish habiliment such equally kilts, the concept of aesthetic functionality is non good accepted, ... in addition to it is inconsistent amongst the concept of a collective score in addition to should, therefore, non live applied to such marks". agrees that the concept of "aesthetic functionality" is a tough ane to possess create among

A blog , 29 March 2004), has been dismissed yesteryear the French courts.

Ananova reports that residents of St Maurice in Switzerland have got voted against a council proposition they alter their mention as well as then every bit to avoid confusion amongst St Moritz . Locals voted to proceed the town's mention every bit it is, because false bookings convey a fortune into the local economy. St Maurice, Valais, is a armed forces base of operations as well as really dissimilar from the famous mount resort inward the canton of Graubuenden. Councillors had plainly received a let out of complaints from Japanese tourists who ended upwards inward St. Maurice instead of St. Moritz, simply locals who took operate inward the vote organised yesteryear local councillors said they were happy to create goodness from the icon of their to a greater extent than famous namesake. Influenza A virus subtype H5N1 tourism spokesman confirmed: "More than a few Japanese tourists have got made their mode hither to Saint Maurice afterward thinking they were headed to St Moritz

's postbag this weekend included an inspection re-create of number ii of China Intellectual Property . Subtitled a 'Comprehensive IP Report on China', this attractively colourful too quite imposing mag contains articles inwards both Chinese (left paw side) too English linguistic communication (on the right). This championship is published out of Beijing past times Hurrymedia . Subjects featured inwards this number include the fate of VIAGRA inwards China, problems relating to the protection of famous merchandise marks, Sino-EU cooperation inwards strengthening copyright protection, infringement liability for software end-users too an interview alongside Bradley Yu (Unitalen attorneys at Law). gives Hurrymedia amount marks for the company's commendable enthusiasm too firm simply adds that, if he were to musical rhythm out out to a greater extent than than US$150 for an annual subscription, he would prefer a higher seat of attending on the business office of the p

A report on the BBC suggests that the destination may live on inward sight inward the merchandise order battle betwixt Apple Corporation – the reckoner in addition to iPod companionship in addition to Apple Music, the Beatles’ tape label. According to the written report the 2 companies may live on laid to settle, although they deny it. Part of the rumoured bargain is that inward provide for a payment that would belike live on upwards of $15million, Apple volition direct maintain the exclusive correct to offering Beatles music downloads for half-dozen months. The slice takes an unexpected plow though in addition to condemns the fact that this is the 3rd fourth dimension die-hard Beatle fans volition involve to pay to larn the same music – the start beingness on LP, the mo on CD. The author calls for the band to brand their music available nether a Creative Commons licence instead. can’t quite run into the Beatles agreeing to the writer’s proposal. He thinks it’s a flake rum though

The Oct 2004 outcome of Sweet & Maxwell's European Trade Mark Reports has right away been published. It contains, alongside other cases, the texts of iii judgments right away made available inwards English: * Deutsche Telekom AG v Mobilcom (Bundesgerichtshof, Germany): an activity for infringement of a merchandise order consisting of the colouring fabric magenta. In this conclusion the courtroom reviews the proper compass of injunctive relief for infringement of such a mark. * Intel Corp v Bertus Marinus De Heer too De Heer & Co Software BV (District Court of Dordrecht, The Netherlands): whether the defendant's IntellAct merchandise order for medical estimator software infringed the claimant's good known INTEL mark. * Berlag Aenne Burda GmbH & Co v Estonian Patent Office (Administrative Court of Tallinn, Estonia): where ii merchandise marks include the give-and-take ANNA, exactly 1 is for goods too the other for services, tin it travel established

The BBC reports that a the U.S.A. gauge has struck downwardly anti-bootlegging legislation, dismissing charges against a Manhattan tape dealer brought nether the law. Judge Harold Baer Jr of New York has said that the constabulary is invalid because, different touchstone copyright protection which is of finite duration, the constabulary places no restrain on the duration of the ban on bootlegging. RIAA has condemned the decision. isn’t certain almost the judge’s ruling. Unlike an ordinary operate that goes out of copyright, amongst a bootleg version, the copyright possessor volition non convey had a peril to obtain his vantage earlier the protection runs out. Why should a bootlegger always travel permitted to create goodness from the fruits of his misdeeds, peculiarly since he has deprived the copyright possessor of an chance to create goodness from the vantage he would otherwise obtain. More bootlegs here , here in addition to here

Ever seeking something exciting to await forrad to, the IPKat brings y'all tidings of about fresh IP activity inwards the European Court of Justice. Forthcoming attractions listed on the ECJ diary include the following: * 28 September: Court of First Instance, Second Chamber -- There's a Hearing on Case T-57/03 SPAG v OHIM - Frank Dann together with Andreas Becker, an appeal against an OHIM Board's real sensible together with well-reasoned determination to let registration of HOOLIGAN for clothe despite the existence of an before Castilian registration of OLLY GAN for the same goods. The same courtroom is likewise having a Hearing on Case T-112/03 L'Oréal v OHIM - Revlon (FLEXI AIR). The diary notes, laconically, "The text is non available inwards English". Hmm! * Midweek 29 September: Court of First Instance, Third Chamber - There's a Hearing on Case T-334/03 Deutsche Post EURO EXPRESS v OHIM , (EUROPREMIUM). Apparently somebody had the audacity to

Yet around other difficult 24-hour interval at the office? Is your boss making you lot piece of job belatedly to piece of job on nonetheless around other mega-zillion pound deal? Then this month’s IPKat patent of the month is for you! It’s a well-known fact that multi-tasking allows you lot to produce to a greater extent than things inwards less fourth dimension (or should that live on the other manner round?) too that’s precisely what the edible greeting carte du jour enables you lot to do. No longer produce you lot demand to slave away inwards your kitchen manufacturing the perfect birthday cake. Just sideslip 1 of these babies inwards the transportation service too hey-presto, you’ll accept done something which “combines the functions of an event-specific confection too a greeting card”. says “Happy birthday Ilanah’s Dad!” More edible birthday cards here , here too here More edible birthday accoutrements here

Today the IPKat met Polish legal scholar Joanna Sitko, who is currently visiting London. Joanna, who teaches Intellectual Property Law inward the Marie Curie-Sklodowska University , Lublin, is working on a doctoral thesis which compares the roles played past times fellowship names, merchandise names together with merchandise marks inward identifying companies together with inward protecting their trading interests. Poland patently has a novel law, which prohibits the assignment of fellowship names. One can't help wondering if this constabulary was passed for the create goodness of the concern community, or if it was something dreamed upwards by bureaucrats for bureaucrats ... Anyone who shares Joanna's interests inward this topic is welcome to contact her guide here . Derivation of fellowship names here Spoof concern names here

The European Court of Justice has simply delivered its eagerly-awaited determination this morning time inwards Case C-107/03 Procter & Gamble 5 OHIM (bar of soap) inwards French. This is then frustrating, since in that place wasn't fifty-fifty a published Advocate General's Opinion together with right away nosotros accept the judgment nosotros aren't whatever wiser. As predicted past times the IPKat yesterday, the ECJ has dismissed the applicant's appeal, presumably for the same reasons equally the Court of First Instance did inwards Dec 2002 inwards Case T-63/01 (happily available inwards English linguistic communication here ). If that's the case, the bar of lather isn't distinctive; people seeing it wouldn't mean value "wow, that's a merchandise mark" but "that's a slice of soap". And they'd survive right. gathers that "pain de savon" is the French for "bar of soap". But the existent "pain

WIPO reports that San Marino volition become, on xiv Dec 2004, the 124th province to bring together the Patent Cooperation Treaty (PCT), the WIPO-administered organization for obtaining large-scale international coverage next a unmarried initial application. notes that just i patent has been granted inwards San Marino betwixt the years 1999 too 2003, which suggests that the tiny country's PCT membership may non bring a huge touching on on the industrial world. Who was San Marino? Click here More on San Marino here and here Things San Marino is famous for here

Cedric Manara has emailed the IPKat to enjoin him that Larry Lessig volition last at University College London on four Oct 2004 (details here ). He’ll last speaking from 12-2pm together with volition last launching the Great Britain version of the pop Creative Commons licence. would similar to know why there’s a involve for a course of written report Great Britain licence. Does this hateful that the USA version is unsuitable for people based inward the UK? If so, what happens to all those people inward the jurisdiction who’ve adopted the master version of the licence? Creative Commons Great Britain here Reclaim the Commons here Chaordic Commons here

This from The Register: Anti-software patent campaigners inward the U.S. own got taken their contend to the courts. The Electronic Frontier Foundation ( EFF ), Public Knowledge and the Consumers Union have joined forces to file an amicus brief amongst the U.S. Court of Appeals, asking for ambiguous patents to endure declared invalid. The brief was filed inward Phillips v. AWH Corporation , next a asking from the appeals courtroom for manufacture together with world opinions on several issues of electrical current patent law, the EFF said. This is the latest pace inward the EFF's drive against broad software patents: inward July the scheme drew upwards a top-ten listing of the worst offending filings, maxim it would operate to meet that all x were overturned. Now it wants the courts to accept a to a greater extent than stringent approach to awarding the patents inward the showtime place. "Aggressive patent holders are using vague patent linguistic communication to induce havoc

Tomorrow's the hateful solar daytime the European Court of Justice gives its conclusion inward C-107/03 P Procter & Gamble 5 Office for Harmonisation inward the Internal Market , on P&G's appeal against OHIM's together with the Court of First Instance's refusal(see Case T-63/01 ) to permit registration every bit a Community merchandise score of a pretty mundane lather shape. 's bet: the appeal volition locomote upheld, citing the ECJ's ain lengthening jurisprudence on distinctive graphic symbol every bit applied to alleged 3D marks. To discovery out if he's right, view this site tomorrow.

There's a free half-day conference inwards Geneva on Fri seven October, to seat the accession of the EU to the Madrid Protocol (you know, the bargain that enables businesses to file multiple national and/or regional merchandise seat applications cheaply, easily AND without having to role French ...). There are or in addition to then skilful speakers too, if the programme is anything to hold out believed. Says the IPKat, I bet the official effect volition hold out a crashing bore because everyone is going to pass the afternoon beingness polite to everyone else in addition to non maxim what they actually think. But I'd honey to hold out where the existent activeness is, inwards the java interruption in addition to cocktail reception, listening to representatives of merchandise seat owners in addition to applicants maxim off the tape the things they may non experience able to enjoin on it ... Trade marks without French here (at indicate 2e) French without tears here , he

The BBC reports that a programmer has removed his accessible version of the information on the Odeon’s website after a missive of the alphabet from the cinema’s lawyer. Matthew Somerville establish that it was impossible to role a screen-reader amongst the Odeon site when Explorer was used every bit a browser, therefore he used a scraper to take the details of the Odeon’s films, times together with booking system. He together with therefore posted the information on his personal website nether the cite “accessible Odeon”. The Odeon objected, pointing to its intellectual holding rights. It has been pointed out that, since the Odeon’s official site is non accessible to the blind, it may endure inward breach of the Disability Discrimination Act 1995 . However, it’s non clear whether that Act applies to online content. Likewise, although the Copyright (Visually Impaired Persons) Act 2002 allows people amongst visual impairments to brand accessible copies of printed materials, the provi

A WIPO Press Release has announced the expiry final Lord's Day of the organisation's old Director General Árpád Bogsch. The press unloose records Dr Bogsch's formal achievements. He volition hold out remembered past times his friends every bit a warm together with convivial leader together with every bit a highly capable administrator, who vigorously encouraged the advertisement of intellectual holding rights together with of international systems for their protection. Others may recall him every bit an autocratic together with arbitrary empire-builder who sought to impose together with retain a strict together with stiff command of his arrangement together with its accounts. Whichever thought yous take, he was sure a remarkable human being who made a massive contribution to the shape of intellectual holding police trace every bit nosotros know it today.

wants to know, what happens if I wrongfully purpose bullyboy tactics to persuade my competitors that they take away to obtain a licence from me to purpose a symbol (X) fifty-fifty though legally they don't and, because of my efforts, the symbol acquires distinctiveness in addition to consumers eventually sentiment the ambit equally beingness my badge of origin. Does my misbehaviour earn me a valid merchandise ambit registration? As ever, delight post your answers equally comments below, or electronic mail them to theipkat@yahoo.co.uk .

Today's The Times constabulary supplement carries an advertizement for a cinema production lawyer at Time Warner. You exclusively need to survive 1-3 years qualified for this one, as well as thence long every bit you lot (i) are experienced inward media as well as amusement law, (ii) accept skilful contract skills, (iii) communicate good as well as are a skilful squad player, (iv) are energetic as well as highly motivated as well as (v) accept a proven rail tape for delivering character travel at speed. You'll survive working alongside the squad that handles Harry Potter, Charlie as well as the Chocolate Factory as well as Batman Begins. says if anyone alongside such remarkable talents exists, he or she should survive able to yell a juicy pay package. Perfect lawyers here as well as here .

has learned the next choice, tasty items of tidings from its mole at MARQUES (alias Tibor Gold of Kilburn & Strode ): * Following the savaging it received from the Advocate General inward Case C-498/01 , Zapf Creations has wisely decided non to resist OHIM's appeal to the European Court of Justice against the Court of First Instance's bizarre determination to let the registration equally a Comunity merchandise rank of the words NEW BORN BABY for a doll that looked similar a novel born baby. * Eurocermex is foolishly planning to appeal against the CFI's refusal, inward Case T-399/02 , to let the registration of its three-dimensional green-lemon-wedged-in-top-of-bottle-containing-yellow-liquid rank (see IPKat, 24 August). * Deutsche-SiSi is appealing against the CFI's refusal, inward Cases T-146/02 to 153/02 , to let registration of the shape of drinks pouches equally Community merchandise marks (see IPKat comment, ane February). This apeal mightiness last

has latterly received an interesting majority from Cheltenham-based publishers Edward Elgar . Edited yesteryear Dina Kallay, it's called The Law too Economics of Antitrust too Intellectual Property: an Austrian Approach (contents here ). H5N1 revised version of the author's SJD grade thesis at the University of Michigan Law School, this majority makes for some pretty cerebral reading. has long believed that intellectual belongings too antitrust are the 2 poles betwixt which contest policy oscillates. IP constabulary creates monopolies too enhances marketplace domination, piece antitrust constabulary destroys monopolies too prevents or regulates the extent to which marketplace domination may endure achieved. Both must endure understood if either trunk of constabulary is to endure effective. Many practising lawyers believe that that the repose betwixt the 2 tin endure achieved on an empirical basis, simply economists prefer to ready their interrelationship inside a meaningfu

The Straits Times reports that McDonald’s has lost a merchandise score battle inwards Singapore. The United States of America fast-food chain was claiming that Future Enterprises’ role of 'MacNoodles', 'MacTea' together with 'MacChocolate' was infringing its MCDONALD’S merchandise mark. However, the Court of Appeals institute that the names, used together amongst an Eagle device, were non deceptively similar to the McDonald's MAC or MC prefix. McDonald’s claimed that Future Enterprises’ role was designed to direct keep wages of McDonald's reputation simply Future Enterprise’s lawyer explained: 'There tin halt last no likelihood of confusion or deception. The marks are dissimilar inwards appearance, audio together with concept…Our marks are visually together with aurally different. Our colouring scheme, font together with typeface are different.' would last interested to know what Future Enterprises’ explanation is for the role of the MAC cistr

has simply received the outset of 3 sample issues of Informa's ten-times-a-yearly magazine Copyright World , equally an inducement to subscribe. Looking at the September 2004 issue, he notes the next contributions (among others): * Practitioners' as well as manufacturers' perspectives on the Great Britain Court of Appeal's recent Lambretta case, which arguably has been pretty much superseded yesteryear the all-embracing legal protection conferred on designs yesteryear the novel European laws on pattern protection; * H5N1 skilful critique yesteryear Andrew Hobson (Reynolds Porter Chamberlain) of proposals from the European Commission to regulate copyright collecting societies to a greater extent than closely; * H5N1 review yesteryear Bird & Bird's Katharine Stephens of the ECJ Advocate General's pro-database correct utterances inwards Case C-203/02 , the British Horseracing Board case. is sitting yesteryear his letterbox, inwards anticipation o

... there's roughly other slice of subordinate merchandise score legislation inwards the United Kingdom, the sexily-titled Trade Marks (International Registrations Designating the European Community, etc) Regulations 2004 No. 2332. This statutory instrument, every bit its advert suggests, amends UK police to arrange applications to register a Community merchandise score via the Madrid Protocol. Madrid-based CTM applications may travel made from 1 Oct 2004, the appointment on which most of the provisions of the novel statutory musical instrument come upwards into force. One other things the SI does is to rate the Patents County Court together with other Chancery County Courts jurisdiction to bargain amongst Community merchandise score cases (the Department for Constitutional Affairs is planning to better the police further, to permit County Courts bargain amongst other merchandise score matters too). There's a useful Explanatory Memorandum for those who desire to know mor

The BBC reports on the copyright conundrum of a local amateur dramatics grouping that ran into problem amongst a West End production of One Flew Over the Cuckoo’s Nest. The am-dram grouping from Alrewas, Staffordshire was told to abandon its production since it mightiness interfere amongst the London show, starring Hollywood thespian Christian Slater. However, the grouping was determined that the exhibit should become on since it had booked a theatre, started selling tickets as well as was nearly to ship out publicity material. The companionship emailed the playwright, who promptly responded granting them performing rights. "The persuasion that nosotros were seen every minute such a threat to a big West End exhibit 120 miles away is unbelievable” said the director. The copyright agents convey afterwards confirmed that the embargo on performances applies to London only. says that this goes to exhibit how the copyright basis is dissimilar from the normal world. In the normal wo

And here's some other petty jewel from the European Court of Justice, this fourth dimension from the Court of First Instance (CFI). In here , here and here

When considering the distinctiveness of a chemical compound merchandise mark, for illustration a sign made upward of letters in addition to numbers, the right approach is to pretend that y'all are the relevant consumer of the goods or services for which the applicant seeks registration of the seat in addition to and so to consider the merchandise seat equally a whole. There's zip to live gained, therefore, from "salami-slicing" the sign upward into its factor parts in addition to and so ruling that each of those parts, past times itself, is non-distinctive in addition to and so lastly that the whole seat can't live to a greater extent than distinctive than the amount of its parts. That's the moral of the European Court of Justice (ECJ) ruling lastly Th inwards Case 329/02 SAT.1 Satellitenfernsehen GmbH v OHIM . The applicant's seat inwards this case, SAT.2, was sought for satellite in addition to satellite broadcasting services. OHIM and the Court of F

If you lot produce got a mutual surname similar Smith or Jones, tin you lot register it equally a merchandise score or (i) is it to survive regarded equally lacking inwards distinctive grapheme nether Article 3(1)(b) of Directive 89/104 or (ii) should your surname survive kept off the merchandise score register then that other people alongside the same cite tin utilization their cite also without threat of merchandise score infringement? The European Court of Justice has right away given its ruling on these questions inwards Case C-404/02 Nichols plc v Registrar of Trade Marks . What the ECJ says is basically that mutual surnames are to survive examined precisely the same trend equally whatever other prospective merchandise marks. In particular: * Stricter full general criteria of assessment based on (i) a predetermined release of persons alongside the same name, higher upwardly which that cite may survive regarded equally devoid of distinctive character, (ii) the release of un

has been informed that the Syrian Arab Republic is joining the World Intellectual Property Organization (WIPO), alongside consequence from eighteen Nov 2004. Intellectual holding practices inwards Syrian Arab Republic here . Syrian inventions here . Syrian literature here .

notes that it's a big 24-hour interval for merchandise rank decisions tomorrow, amongst the ECJ providing its judgments inward SAT1 and Nichols . volition supply y'all amongst comments as well as analysis on these 2 of import cases early on adjacent calendar week (after the Jewish New Year).

The Kingdom of Kingdom of Bhutan has larn a fellow member of the Berne Union, according to a WIPO press release . The Berne Union is the trunk of countries signatory to the Berne Convention , the premier international treaty for the protection of authors' rights.

The Inquirer Altnet is suing RIAA for patent infringement. It’s claiming that RIAA has copied its technology scientific discipline for flooding P2P networks amongst spoof files to convey them to a standstill. notes the irony of this plough of events, but is waiting to meet whether the claim is upheld or if Altnet is simply chancing its luck. More spoof floods here

has visited many other interesting websites as well as blogs inward the course of education of his bespeak for exciting tidbits of intellectual holding data to portion amongst his readers. Some of these sites proceed to blossom, land others simply wither on the vine. Can anyone reach the IPKat whatever happened to * The Patent Blog and the Copyright Blog : Nothing has been heard of the Patent Blog since viii Oct 2003, or of the Copyright Blog since Midweek eighteen Feb 2004. Both were piece of job past times The Intellect Law Group , a pocket-size Florida-based police pull firm. * Sans Blog : the commencement dedicated French-language IP blog, this was launched past times IP Twins , but hasn't been alive since ix Oct 2003. * WordSpy : a wonderful site that features novel uses of words as well as neologisms (including many uses of merchandise marks as well as delineate concern names), but nada has been added to it since thirteen June 2004. is a curious truthful cat

The Guardian reports that Disney may convey to sell its South African Mickey Mouse merchandise mark. Disney is currently engaged inwards a courtroom battle amongst the relatives of Solomon Linda, the master copy composer of “The Lion Sleeps Tonight”. Disney used the vocal inwards both the cinema as well as the phase play of The Lion King, as well as instantly the composer’s household unit of measurement is claiming $1.6m inwards royalties. Though Linda sold the copyright inwards the vocal inwards 1939, his heirs are claiming that it should convey reverted dorsum to them 25 years dorsum to his overstep away inwards 1962. Influenza A virus subtype H5N1 courtroom inwards Pretoria has said that, should the household unit of measurement win, over 240 merchandise marks owned past times Disney, including Mickey Mouse, could endure used to pay the family. finds this a fighting worrying. Surely the Mickey Mouse merchandise seat is as well as thence good known that its purpose past times a

attended the get-go of 3 Copy-art.net talks inwards the Digital Studio of the Institute of Contemporary Arts last night. The speaker, Irini-Mirena Papadimitriou , is Curator of the copyright-free artwork on Copy-art.net's website. She is effectively also the guardian of a precious spell of online infinite inwards which artists too site visitors tin communicate, interact too inspire each other. Artists who accept contributed their operate to this experiment include Reza Aramesh , Miltos Manetos and Carey Young (whose contribution is a collection of anonymous photographs which he found inwards a box too handed over for costless downloading). was quite impressed alongside the possibilities for dialogue too interaction which Copy-art.net, supported past times the Arts Council , tin provide. He feels yet that Copy-art.net's mental attitude towards copyright is ambivalent, to say the least. the site's promotional textile states that "Submitted plant tin live downloaded, c

Here’s a summertime Court of First Instance (CFI) social club for all you lot procedure-junkies out there. Kerry applied to register a CTM inward 1997. Gerolsteiner opposed the application inward 1998 only its opposition was rejected past times the OHIM Opoosition Division inward 2002 together with after past times the Board of Appeal inward Jan 2003. In Feb 2003 Gerolsteiner appealed to the CFI. However, inward Dec 2003, Gerolsteiner informed the CFI that it had transferred the merchandise rank on which the opposition was based to Sinziger Mineralbrunnen together with that Sinziger Mineralbrunnen wished to last substituted for Gerolsteiner inward the dispute earlier the CFI. OHIM, Kerry together with Gerolsteiner were consulted. None of them had objections to the exchange taking place. The CFI authorised the exchange of Sinziger for Gerolsteiner: *Where an intellectual holding correct which is the dependent champaign of a dispute is transferred, the novel owner, claiming throu

Anna Carboni of Wilberforce Chambers has kindly provided the IPKat alongside a re-create of the OHIM Cancellation Division’s determination invalidating Lego's registration of the shape of its Lego bricks equally a Community merchandise mark. In doing so, the Cancellation Division applied the ECJ’s Philips 5 Remington decision, making a release of new and/or interesting points, including: * “There is no dominion inward Community merchandise score police pull that bars anything that has been patented or could convey been patented from CTM registration. Rather, the full general regulation is that 1 too the same production or detail tin live on protected past times diverse industrial belongings rights, provided that the weather condition for each of those rights are fulfilled individually”. * The Cancellation Division separate the seat down for the refusal of registration nether Art.7(e)(ii) of Regulation 40/94 into two questions: (i) is the shape of the goo

has received an e-mail announcing the institution of Own-It, a torso designed to “deliver seminars, online together with face-to-face advice to ensure creative professionals empathise how to exploit together with protect their ideas”. Own-It’s website will endure going alive on xv September. The torso is funded by Creative London , which volition run it amongst the manage of a serial of partners. It volition too endure running a serial of complimentary events aimed at those inwards the creative industries this September together with October, the programme for which tin endure found here .

ZD News report that the U.S.A. Court of Appeals for the Federal Circuit has dismissed an appeal brought past times the Chamberlain Group claiming that universal garage-door opening produced past times Skylink infringed the Digital Millennium Copyright Act (DMCA). Chamberlain argued that Skylink’s openers gave consumers access to the copyrighted firmware inwards Chamberlain's Liftmaster business of garage door openers past times bypassing the “rolling code” that was meant to forestall access to the copyright-protected code. However, the Court was unimpressed since consumers using Skylink’s openers exactly desire to opened upward their doors together with non to commit copyright infringement. According the gauge who wrote the conclusion of the Court of Appeals: "Chamberlain's proposed structure would let copyright owners to prohibit alone fair uses fifty-fifty inwards the absence of whatever feared foul use…Copyright police itself authorizes the populace to brand for cer

According to Business Wire, Jupitermedia has sent a cease as well as desist alphabetic quality to information aggregator eMarketer Inc. Jupiter is claiming inducement to breach contract as well as infringement of its copyright as well as database rights inwards both French Republic as well as the U.K. against eMarketer, a companionship that claims to aggregate information from many sources, exactly does non accept a licence from Jupiter. Jupiter is already bringing merchandise score as well as copyright actions against eMarketer inwards the US. “Simply calling yourself an 'aggregator' does non permit ane to pocket another's proprietary interrogation as well as merchandise marks as well as sell them equally your own," said JupiterMedia’s chairman as well as CEO. waits to encounter whether these parties volition cease upwards inwards court. Visit Jupiter here , here , here and here