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Next Th eve (7 July) Daniel Alexander QC volition live on coming along to Queen Mary Intellectual Property Research Institute to verbalise close IP litigation earlier the European Court of Justice. If anybody wishes to attend, they should email here for details of the fourth dimension together with location.

The fun-packed July outcome of Sweet & Maxwell's European Intellectual Property Review has come upward out. Goodies on offering include: * Silke von Lewinski of the Max Planck Institute on whether at that topographic point is international exhaustion of the distribution correct nether European Union copyright law; * Jinseok Park of the University of Sheffield on interpreting patent claims; * Yunjoo Lee together with Malcolm Langley of QMIPRI on statutory compensation for employees’ inventions inwards Nippon together with the UK; * Jonathan Hurdis andh Phillippe Signore of Oblon, Spivack on protecting industrial designs inwards the USA; * Blogmeister Ilanah Simon on the Lord Chancellor’s Appointed Person’s conclusion inwards Linkin Park ; * Paul Tacakberry of Ridout together with Maybee on the touching of the proposed Canadian Copyright Bill on users’ rights. says happy reading!

The instant major intellectual belongings ruling from the European Court of Justice today comes inwards Case C-28/04 , Tod's SpA too Tod's French Republic SARL v Heyraud SA; Technisynthèse intervening . Tod’s, an Italian company,claimed to ain the artistic intellectual belongings rights inwards shoes sold nether the TOD'S too HOGAN merchandise marks. Tod’s French Republic distributed those shoes inwards France. On hearing that Heyraud was selling, nether its ain name, shoes that copied or imitated the principal characteristics of its ain designs, Tod’s sued for infringement of its registered pattern rights inwards shoes bearing the TOD'S too HOGAN merchandise marks. Heyraud said this activity was inadmissible nether Article 2(7) of the Berne Convention inwards that Tod’s may non claim copyright protection inwards French Republic for designs that produce non qualify for such protection inwards Italy. Tod’s said that Article 2(7) can't utilize since it would establish...

The European Court of Justice (ECJ) announced this forenoon that it has dismissed the appeal of the Community merchandise grade applicant inwards Case C-286/04 P Eurocermex SA five OHIM . The application was for registration of a three-dimensional merchandise grade constituted yesteryear the shape of a long-neck bottle into the cervix of which a spell of lemon amongst a greenish peel was plugged, inwards abide by of beers as well as diverse services. The application was roundly rejected yesteryear the examiner, the Board of Appeal as well as the Court of First Instance (CFI) for the reasons that the alleged sign was devoid of distinctive graphic symbol as well as that it had non acquired distinctiveness through use. Today it was the plough of the ECJ to decline it. That courtroom quite correctly confined its comments to a review of the rectitude of the CFI's analysis as well as did non produce what the IPKat hoped it might. It could convey said " how on globe tin this so-cal...

IPKat articulation Blogmeister Jeremy writes a regular back-page column, "Last Word", for Trademark World . "Last Word" takes a lite await at the globe of marks, brands in addition to the people who alive off them. Earlier this month, Jeremy submitted an article which poked a footling lite fun at the remarkably descriptive names that businesses in addition to practices inward the champaign of merchandise marks sometimes give themselves, equally good equally the quite lightheaded slogans they either select or pay consultants to invent for them. He was told that this characteristic was a fleck also hot for a polite in addition to refined periodical such equally Trademark World . Could he delight musical note it downward a fleck past times removing the names of the firms concerned? Well, a footling cosmetic editing occurred -- but, if the truth last told, it nevertheless wasn't really hard to position the names of the diverse firms. The bottom draw is that Jeremy g...

picked this determination upwardly off the Butterworths All England Direct subscription-only series: Nikken Kosakusho Works as well as some other v Pioneer Trading Co as well as another , a Court of Appeal (Waller, Chadwick as well as Jacob LJJ) ruling from Midweek 29 June. At trial, Mr Justice Isle of Mann held that claim 1 of a patent, relating to the blueprint of milling chucks, had been anticipated past times a prior patent. Kosakusho applied to rest the revocation as well as to better claim 1 of the patent as well as therefore equally to specify that the ‘predetermined depth’ of a groove formed inwards the chuck sleeve was to hold upwardly 3-5mm. Pioneer objected: Kosakusho should convey applied to better the patent during the trial as well as should non hold upwardly allowed to produce as well as therefore at such a belatedly stage. Isle of Mann J held it would hold upwardly oppressive to Pioneer to let an amendment which should convey been raised at trial as well as which, if a...

is getting all excited i time again close the intellectual belongings cases coming upwards before the European Court of Justice (ECJ) as well as the Court of First Instance (CFI). Tomorrow nosotros larn judgment inward Case C-286/04 P Eurocermex v Office for Harmonisation inward the Internal Market , inward which the IPKat firmly expects the ECJ to sack the noun grounds of appeal against the CFI's refusal to register equally a Community merchandise grade a ludicrous grade consisting of an opened upwards bottle of beer amongst a wedge of green-skinned lemon stuck into its spout. On the same 24-hour interval nosotros larn judgment inward a illustration that has kind of come upwards up on the blind side without anyone noticing it: Case C-28/04 Tod's as well as Tod's France . This is a reference from the Tribunal de Grand Instance de Paris for a preliminary ruling on the compatitibility of Community constabulary amongst a provision of French constabulary that makes copyright ...

The Festo litigation has in all probability come upward to an end, Findlaw reports . After 17 years too ii trips to the Supreme Court, the Massachusetts District Court has dismissed Festo’s case. Festo sued SMC too Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd based on Festo’s patent for ii patents relating to magnetically coupled rodless cylinders. In the shape of the proceedings, Festo amended its patent to instruct far clear that the inventions incorporate a pair of sealing rings too that the outer crunch of the device, called the sleeve, were magnetizable. SMC too Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd claimed that, next the amendment, its device barbarous exterior the damage of the patent since it had alone i sealing band too was non-magnetizable. This declaration caused the root view to the Supreme Court to clarify the doctrine of equivalents. This doctrine prevents defendants from making insubstantial changes that let it to escape the literal range of the patent. The minute view wa...

Amanda Maclachlan of Allen & Overy informs the IPKat that The William Hill 5 British Horseracing Board illustration kick-started inwards the Court of Appeal today as well as is listed for today as well as tomorrow. The CA volition last applying the findings from the ECJ determination on the interpretation of the Database Rights Directive. This is the offset illustration nether this relatively new legislation to teach all the agency as well as volition last of involvement to all Member States not only England as well as Wales. It volition utilize to all the listings sectors not just horseracing. is rubbing his paws inwards anticipation.

The Court of First Instance (CFI) of the European Communities has given its ruling today inward Case T-301/03 Canali Republic of Ireland Ltd v OHIM, Canal Jean Co. Inc ., on a Commmunity merchandise grade (CTM) appeal from OHIM's Second Board of Appeal. Canal applied to register every bit a CTM a figurative grade (depicted here) for wearable inward Class 25. Canali opposed, citing its before Italian registration of the discussion grade CANALI for goods as well as services inward Classes 3, 6, 9, 14, 16, 18, 20, 25, 34 as well as 42 as well as submitting that in that place was a likelihood of confusion. The opposition succeeded before the Opposition Division, which concluded that the high likelihood of association betwixt the 2 marks outweighed their relatively depression grade of similarity. The Second Board of Appeal disagreed, allowing Canal's grade to continue to registration. Canali appealed. The CFI dismissed the appeal. In its determination it said (at para.61): "As...

A to a greater extent than detailed analysis past times the IPKat of the bulk judgment inwards today’s Supreme Court Grokster decision . Grokster is a file-sharing network that allows users to portion electronic files (including music files) through peer-to-peer networks without having to larn through primal servers. Such P2P networks tin survive used to portion whatever type of digital file, but they receive got been used inwards especial for sharing copyright-protected music together with video files without the authority of the copyright holder. The action MGM together with a number of other copyright holders brought an activeness for secondary copyright infringement against Grokster. The Court of Appeals of the Ninth Circuit granted summary judgment inwards Grokster’s favour, finding no arguable instance of secondary infringement. While at that topographic point was no uncertainty that users of the network were infringing, it was establish that Grokster did non infringe, based on t...

USA Today reports that the Supreme Court has ruled inwards favour of the copyright holders inwards MGM v Grokster . According to the paper, a unanimous courtroom ruled that "Internet file-sharing services volition live on held responsible if they intend for their customers to purpose software primarily to swap songs in addition to movies illegally" The example has been remanded to the lower court. More analysis from the IPKat when the text of the determination becomes available.

This curiosity comes from the European Commission final week: the European Commission has has taken binding commitments from Coca-Cola concerning its stranglehold on soft drinks. These commitments, which volition stay inwards forcefulness until 31 Dec 2010, volition growth consumer selection inwards shops together with pubs past times preventing Coca-Cola entering into exclusive agreements amongst shops together with pubs, offering them target or growth rebates or forcing them to direct maintain less pop products amongst its stronger brands. According to Competition Commissioner Neelie Kroes: Neelie Kroes: has consumers' interests at heart “This determination volition produce goodness consumers past times improving contest inwards the markets for carbonated soft drinks inwards Europe. Thanks to the Commission’s decision, consumers volition endure able to direct from a larger hit of fizzy drinks at competitive prices". The commitments offered past times Coca-Cola together wit...

...the illustration inwards which the U.S.A. Supreme Court volition opine on the copyright implications of P2P applied scientific discipline is due to endure decided today. Watch this infinite - the IPKat volition convey you lot data every mo in addition to when it happens.

has lately been perusing a novel book, Intellectual Property Licences together with Technology Transfer , yesteryear McDermott Will & Emery partner Duncan Curley . Published yesteryear Chandos Publishing of Oxford, this paperback weighs inwards at 335 pages (the text goes upwards to 221 pages, the residuum consisting of the appendices together with the index). But don't hold upwards position off yesteryear the length if you're looking for a quick read: the pages are modest together with the impress is large. Duncan Curley This mass is intended to render a relatively easy, introductory read, presumably for clients together with businesses, inwards contrast to the blockbusters that sit down on practitioners' shelves. Alas, the subject-matter is non 1 that lends itself to whatever split upwards of kindly treatment: the Technology Transfer Block Exemption Regulation is a hurting to read, a hurting to explicate together with a hurting to comply with. If e'er in that pl...

The Las Vegas Dominicus reports on a illustration inward dubious taste. The U.S.A. of America Government seized the Mustang Ranch Brothel after its owners were institute to convey engaged inward federal fraud as well as racketeering. It afterward sold the holding on eBay of all places to Lance Gilman. Gilman planned to opened upwards the brothel nether the get upwards the Mustang Ranch Brothel. U.S. Bureau of Land Management officials said the authorities had owned the merchandise grade because it received all Mustang Ranch assets through criminal forfeiture proceedings against the owners of the ranch. Gilman claims that he acquired the merchandise grade when he acquired the building. However, competitor brothel possessor David Burgess, who has a neighbouring plot, claims he acquired the grade after the Government abandoned the get upwards piece the brothel was nether its ownership. The Reno District Court, as well as right away the Court of Appeals of the Ninth Circuit convey ordere...

Fresh on BAILII today is the Court of Appeal's determination inwards Ultraframe (UK) Ltd v Eurocell Building Plastics Ltd together with roughly other [2005] EWCA Civ 761. This was an appeal from Mr Justice Lewison, ane of the Patents Court's to a greater extent than recently-appointed judges together with a Chancery cross-over approximate who did non come upwardly through the ranks of the Patent Bar. Ultraframe together with Eurocell both made together with sold kits of parts for making depression pitch conservatory lean-to roof assemblies. Those assemblies were made from long, hollow UPVC panels. Ultraframe said Eurocell's ‘Pinnacle 500’ kit infringed its ain ‘Ultraframe 500’, suing for infringement of its patent inwards the production kit itself together with its unregistered blueprint right inwards the panels together with consummate assembly. Eurocell counterclaimed for revocation of the patent. Eurocell's product Ultraframe stated that the object of its innovation...

One of the IPKat's dearest friends has sent him this link to a delightful article inward The Guardian on the resignation of Mr Justice Laddie (blogged past times the IPKat before this week). It was written past times a journalist who took himself downwardly to the Patents Court to run across for himself whether judging patent cases was genuinely irksome or not. In the case, ane of the final to last heard past times Laddie J before he "retires" to his novel consultancy, Hewlett-Packard charged Expansys amongst buying its products inward the Far East together with transportation them dorsum for sale at higher, European-level prices inward the UK, infringing its patent rights inward the process. Here's an extract: The atmosphere is rattling chummy. Mr Mellor [counsel for Hewlett-Packard] made his disputation amongst a smiling playing on his lips. There was lots of banter. "I'm afraid I didn't direct maintain fourth dimension to read all your submissions rela...

came across this on ft.com, the electronic arm of the Financial Times . The European Commission is investigating the acquit of the U.S. retentiveness bit designer Rambus, over allegations that the companionship is laying a so-called “patent ambush” a flat of contest abuse inwards which a companionship takes purpose inwards setting an manufacture touchstone without declaring that the novel touchstone infringes its patents. Once the touchstone is agreed, the companionship tin forcefulness out together with hence demand royalties from other groups which guide maintain no pick but to follow the manufacture standard. The Federal Trade Commission has been pursuing like allegations inwards the US. In 2002 it defendant Rambus of deceiving an manufacture standards body, JEDEC , amongst the aim of getting a estimator bit technology scientific discipline covered past times i of its patents adopted every bit an manufacture standard. This reportedly allowed Rambus to claim subsequent royalties fro...

This Monday, Marcus Liddiard of CPA will hold out giving a speak at Queen Mary entitled "Keeping Up-to-Date alongside Legal Developments at Home together with Away". Marcus volition hold out speaking about *the diverse approaches that tin sack hold out taken to researching/gathering legal information; * the sources used/available; * the problems and/or benefits associated alongside each approach/source alongside examples All are welcome to attend but, for venue details/to confirm your attendance, delight e-mail Ilanah

The software patents debacle withal isn’t over, the Register reports. Last calendar week the European Union parliamentary JURI commission voted to chip amendments to the Computer Implemented Inventions Directive. The abandoning of the amendments volition brand protecting immediately software patentability of estimator programs, information structures in addition to procedure descriptions a realistic possibility according to the Directive’s critics. Now, according the register, lobbying groups from both sides are pulling out the stops to buy the farm their betoken across earlier the European Union Parliament (which is expected to stimulate got the Directive inwards its mutual form) votes on the lawsuit on half dozen July. looks frontward to when this lawsuit is live resolved. Both sides of the declaration here in addition to here

Yet to a greater extent than or less other majority has caught the IPKat's attention. This one's called Valuing Intellectual Property inwards Japan, U.K. too the United States. It's a collection of essays edited past times Ruth Taplin too it's published past times RoutledgeCurzon (an imprint of the Taylor & Francis Group). Ruth is Director of The Centre for Japanese too East Asian Studies too Editor of the Journal of Interdisciplinary Economics . H5N1 Research Fellow, Birkbeck College, too the University of Leicester, she has generated ix books. This smart piffling 163 page hardback is "written past times the initiative off regime inwards the champaign from Britain, Nippon too the US. [It] considers the latest developments too puts frontward much novel thinking. The majority includes thorough coverage of developments inwards Japan, which is reviewing the value of IP at a much quicker footstep than whatever other Earth too is registering ever-increasing numbers...

The U.S. of America Supreme Court even thence has non delivered its sentiment inwards the Grokster case. Mon is the final hateful solar daytime of the judicial term together with the decison is expected then. is drumming his paws inwards anticipation.

The July-August double consequence of Sweet & Maxwell's European Trade Mark Reports has at 1 time been published, 1 time once again to a greater extent than than a calendar week ahead of schedule. Cases reported inward English linguistic communication inward this jumbo consequence include the commencement instalment of the High German Home Depot case (a battle betwixt Home Depot in addition to Bauhaus over piece of employment of the term HOME DEPOT), Black & Decker's successful gear upwards on inward Turkey on unwanted contest from HARVEY DECKER in addition to BLACK DECKER, the French tussle inward Brasserie Fischer v Interbrew over a merchandise grade for a frosted drinking glass beer bottle in addition to the resolution earlier the Polish Supreme Administrative Court of the interrogation whether the marks ELMONTAZ in addition to ELEKTROMONTAZ were confusingly similar for electrical goods in addition to services. If yous know of whatsoever interesting cases that you...

A novel limited postal delivery from the IPKat! Some of our readers bring asked why the IPKat doesn't offering his regular readers the peril to have electronic mail notification each fourth dimension he posts a fresh blog. Well, the IPKat -- despite beingness all paws as well as claws when it comes to techie things -- has hold upwards worked out how to create it. If you'd similar to have an electronic mail each fourth dimension the IPKat posts a blog, simply click here as well as permit him know. There are 2 things to note: * The notification industrial plant through the Google Groups software. If, having signed up, y'all alter your mind, it's quick as well as slow to teach your cite as well as electronic mail address removed from the listing of recipients. * 's emails to you, beingness circulars, may initially notice their mode into your junk postal service folders. Says the IPKat, it's all a fleck experimental at the instant as well as therefore delight don...

has received a rattling handsome review re-create of his friend William T. Fryer III's novel book, The Geneva Act (1999) of the Hague Agreement Concerning the International Registration of Industrial Designs: Drafting History too Analysis . Published this twelvemonth yesteryear Kluwer Law International , this fiddling majority (238 pages, including appendices) contains the fullest concern human relationship of this little-loved too fifty-fifty less understood Agreement that anyone is e'er probable to encounter inwards this lifetime. The author Professor Fryer participated inwards the meetings too diplomatic conference that led to the 1999 Act, every 2d good every 2d a subsequent user meeting), too therefore he is uniquely qualified to comment on it. His majority presents a detailed drafting history too proficient analysis, every 2d good every 2d strategic guidance for attorneys, businesses too governments inwards the implementation of the Act's provisions. Readers voliti...

Next Thursday, the ECJ volition move delivering its decison inwards the Eurocermex case. The inquiry for the courtroom to take in is the registrability equally a Community merchandise rank of a sign which consists of a long-necked bottle, filled amongst xanthous liquid together with amongst a spell of lime wedged inwards the top. The applied for rank looks similar this: Brainier readers volition accept noticed that the spell of lime cannot move pose inwards house past times the manufacturer since it would become rather rotten. As IPKat primary Jeremy Phillips has asked inwards a recent(ish) EIPR article, are such "self-service" marks, which rely on mortal other than the mark-owner to consummate them registrable? says, banking concern gibe dorsum adjacent Th for the answer. For a re-create of Jeremy's Eurocermex article, contact him here

Here’s 1 the IPKat missed, via here

It's a piece since the IPKat has scooped upward a fresh alive illustration for his readers from the limpid puddle of Butterworth's LexisNexis All England Direct subscription service -- but here's a pick one: Criminal Clothing Ltd v Aytan’s Manufacturing (UK) Ltd [2005] EWHC 1303 (CH), a Chancery Division of Christopher Floyd QC, sitting equally a deputy approximate of the High Court. Criminal Clothing applied to register equally a Great Britain merchandise ambit a figurative representation of the discussion CRIMINAL for "articles of clothing, headgear, footwear; parts as well as fittings for the aforesaid goods" inwards ambit 25. Aytan opposed, citing a likelihood of confusion amongst its before Great Britain as well as Community merchandise marks for CRIMINAL DAMAGE, too inwards stylised form, for "articles of clothing, boots, shoes, slippers, sandals". Aytan too maintained that, becaue of the goodwill as well as reputation it enjoyed inwards those be...

The laid about of today's Court of First Instance's (CFI's) appeals from the OHIM Boards of Appeal is Case T-34/04 , Plus Warenhandelsgesellschaft mbH v OHIM, Joachim Bälz as well as Friedmar Hiller . The applicant sought to register this sugariness picayune figurative sign for diverse goods inward Classes 3, 25, 28, 32, 33 as well as 34. The opponent objected, citing its before High German registration of the discussion score POWER for tobacco as well as smokers' accessories inward Class 34. The Opposition Division as well as the Board of Appeal refused the opposition on the solid set down that in that place was no likelihood of confusion: "the verbal chemical ingredient ‘Turkish’ of the sign sought as well as its figurative element, which consists of a lion’s head, could non move overlooked as well as that, fifty-fifty if the lion’s caput alluded to the persuasion of strength, it was non a straightforward transposition of that idea". The CFI dismissed the a...

read in today's Telegraph that Sir Hugh Laddie, the pop too well-respected senior approximate inwards the Patents Court, is quitting the Bench side past times side calendar month for a consultancy utilization amongst intellectual belongings solicitors Willoughby & Partners . Tony Willoughby: an erstwhile friend of Sir Hugh Sir Hugh explained that he wanted to central the "isolation" of the Bench for what he called the "fun too usual back upwardly of working inwards a team". The Telegraph comments that his unwillingness to proceed serving on the Bench is a sign that judges are increasingly reluctant to bring what has been traditionally regarded every bit a "life sentence". Sir Hugh Laddie has been a Chancery approximate for 10 years. He told The Daily Telegraph he would stride downward side past times side month. He confesses to his adept fortune inwards having the chance of a novel career "when I even too therefore experience in that place is...

Last Fri the IPKat had a picayune moan near the lack of IP decisions past times woman soul IP judges. Then, equally if past times magic, inwards today's Court of Appeal conclusion inwards IN Newman (blogged below) Lady Justice Arden delivered a partially dissenting judgment. says, near fourth dimension too.

flora this on Snark Hunting, the naming together with branding blog. The embarrassing affair is that together with hence many of us volition await at branded products similar the WAYFINDER NAVIGATOR without fifty-fifty noticing that the 2 words hateful just the same thing. More on the Wayfinder Navigator here How to larn lost here and here

PCT membership: volition it assistance Libya's force from desert economic scheme to technocracy? has only learned that the Socialist People’s Libyan Arab Jamahiriya (a.k.a. Libya) has deposited its musical instrument of accession to the Patent Cooperation Treaty (PCT). The PCT volition acquire into into strength inward Great Socialist People's Libyan Arab Jamahiriya on xv September 2005. More on patents inward Great Socialist People's Libyan Arab Jamahiriya here , here and here

Today the Court of Appeal has decided IN Newman v Adlem . Mr Adlem built upwards a concern every bit a funeral manager and, every bit business office of that business, built a Chapel of Rest. He too provided headstones, plaques as well as other memorial services. In 1993 he sold the undertaker's concern (including the goodwill) simply retained the headstone business. Adlem re-commenced his concern nether the scream Richard T Adlem as well as started advertising nether that name, every bit good every bit objecting to the role of the scream past times Newman. Adlem too registered his scream every bit a merchandise grade for gravestone as well as monumnetal masonry services. The Court of Appeal works life at that spot to receive got been passing off. Even though Adlem continued to operate for Newman on a consultancy basis, at that spot was no shared goodwill inwards the Adlem name. Adlem's advertising constitued a misrepresentation since, inwards promoting himself every bit the ma...

Formula One: a serious illustration of overdoing the branding? It seems to the IPKat that the recent Formula One debacle over Michelin tyre failures is a build owner's nightmare. First, Michelin seems to lead keep bought itself a whole barrelful of bad publicity next the highly publicised inability of its tyres to reckon the exacting specifications of that company's Formula One customers. Second, Formula One's ain reputation for providing spectacular amusement has taken a heavy hammering. Then at that spot are the businesses whose largesse results inward the costumes together with equipment of the competing teams existence smothered inward logos -- all of whom are losing out on valuable media exposure. Bibendum: should last rubber plenty inward the tedious lane ... Merpel says, "haven't you lot forgotten the wretched consumer, whose spending fuels the whole extravaganza?" How to dispose of unwanted tyres here , here and here