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After a long trek through the courts, La Mer Technology Inc v Laboratoires Goemar SA [2005] EWCA Civ 978 may move conduct keep to come upward to rest. Yesterday the Court of Appeal for England in addition to Wales allowed the merchandise score owner's appeal against a ruling that it had non made genuine role of its merchandise mark. Goemar, a French companionship that made things out of seaweed, owned the U.K. registered merchandise score LABORATOIRE DE LA MER for perfumes in addition to cosmetics containing marine products. Goemar made exclusively rattling imited sales of LABORATOIRE DE LA MER products to a little firm that was its agent inwards the U.K. in addition to at that topographic point was no evidence of whatever sales beingness made to members of the populace every bit consumers or end-users. La Mer (part of the Estee Lauder group) sought to revoke Goemar's score on the the world of non-use of the score for a menstruum of v years. The registrar dismissed that applica...

Beer Butt Chicken ”. It appears that the recipe for this delicacy is rather pop across the Pond. “The flim-flam is to brand certain that the can, inserted inward the posterior terminate of the bird, is at to the lowest degree half-filled alongside liquid, which seasons in addition to moistens the chicken alongside flavorful steam” scope the article. The tin inward interrogation tin hold upwards filled alongside beer or whatever other non-diet beverage. says, the misfortunate chicken. What a mode to go…

Rummaging through BAILII this afternoon the IPKat has but unearthed a fresh patent appeal decision, Agilent Technologies Federal Republic of Germany GmbH v Waters Ltd [2005] EWCA Civ 987, inwards which the Court of Appeal (Ward, Jacob too Neuberger LJJ) upheld the ruling of trial approximate Mr Justice Pumfrey today. Agilent, who owned a patent for a heart too somebody too command system, sued Waters for infringement. The courtroom had previously flora that an before automatic version of Waters' device infringed the patent, which was valid. Waters hence produced a manual version of the device, which was the dependent area of this action. The heart too somebody too command organization of the manual device operated inwards ‘manual mode’, amongst the period of time charge per unit of measurement too stroke length existence independently selected yesteryear the operator. There was no automatic alter of attain too the manual device no longer maintained whatever predetermined human rela...

1 State of Israel gear upwardly to assault China? The fantabulous Patent Baristas weblog reports that President George W. Bush has appointed Chris State of Israel as the novel Coordinator of International Intellectual Property Enforcement, a seat Congress created in conclusion twelvemonth to coordinate law-enforcement efforts aimed at stopping international copyright infringement together with to oversee a federal umbrella way responsible for administering intellectual belongings law. Intellectual belongings police clit enforcement is divided alongside a make of agencies, including the Library of Congress, the Justice together with State departments together with the U.S. Trade Representative. As the Coordinator for International Intellectual Property Enforcement, State of Israel volition caput the international run of the National Intellectual Property Law Enforcement Coordination Council ( NIPLECC ) together with coordinate together with supervise international intellectual belongin...

1 To ban or non to ban? establish this from CNET News, via ZDNet, piece prowling his cyberpitch before this week. It seems that eBay is seeking a patent ruling from the USA Supreme Court equally to whether it together with other companies liable for patent infringement should live routinely dependent area to injunctions piece the infringement actions rest on appeal. likes the thought that courts should live given enough of discretion to gain upwardly one's hear whether, inwards the circumstances of each case, the injunction should seize amongst teeth pending the appeal result, since at that spot are together with thence many permutations of fact that yous can't build a unmarried rule. But at that spot is a downside: the to a greater extent than discretion the courts have, the to a greater extent than necessary it is for parties to litigate inwards social club to honour out whether they tin comport on using a technology pending an appeal. The best solution is to larn out discr...

Once again, apologies to those of yous who received a half-baked spider web log amongst your emails yesterday. This is what it should guide maintain looked similar ... 1 We ever knew ... institute this on fcw.com; it's on a written report concerning the exodus of patent examiners from the United States Patent in addition to Trademark Office ( USPTO ). This written report informs us that the Office has been beset yesteryear recruitment problems, a civilization of pitiful employee/manager relations, the lack of an effective management strategy for communicating in addition to collaborating amongst examiners, outdated assumptions close production quotas that managers job to vantage examiners in addition to a lack of mandatory continued technical grooming for patent examiners, non to cry skillful erstwhile fashioned stress. Strained employee/manager relations at USPTO reportedly stalk from managers who "don't honor the input in addition to advice they larn from their employee...

Botswana has decided non to convey a copyright human action later on all the Daily News Online reports. The Copyright too Neighbouring Rights Bill was to ameliorate copyright protection too fix a Botswanan copyright office. Influenza A virus subtype H5N1 copyright society, responsible for facilitating collection too distribution of royalties, was every mo good to hold upward laid up. Botswanan dancers alone create goodness from express copyright protection If anyone knows why the Bill was scrapped, the IPKat would hold upward interested to know.

Our electronic mail subscribers volition convey received a few minutes agone a substantially incomplete blog. It was all my fault. The shout out upwards went off piece I was composing together with startled me; I pressed the "post" push instead of the "save every bit draft" button. The "real" spider web log isn't destined to endure posted for a while. I apologise for whatever annoyance or inconvenience caused.

The Britain Patent Office is task a pre-consultation exercise on whether the Trade Mark Registrar should conk on to acquit examinations of merchandise marks on the relative grounds. The pre-consultation is designed to set major issues ahead of a full-scale consultation inward 2006. Influenza A virus subtype H5N1 previous consultation took house inward 2001 where 72% of those who expressed a stance recommended a farther consultation inward the future. Since thus the opposition organization has changed thus that where a grade is over v years old, the opponent must demo use. Also, the Registry has introduced a organization of preliminary indications inward opposition cases. The pre-consultation alone covers relative grounds objections past times the Registrar. Rights owners would retain the correct to undertake oppositions. says that this would endure a major change. The relative grounds exam is 1 of the to a greater extent than particular features of the Britain system. It’s a fleck of...

1 Oh, the embarrassment (but thanks)! The mid-summer consequence of Managing Intellectual Property features its 3rd annual listing of the l Most Influential People inward Intellectual Property. This list, for the starting fourth dimension time ever, contains the names of 49 human beings too 1 fictional Kat. , on behalf of his blogmeisters, would similar to gain got this chance of proverb a big "thanks" to all of his readers too interlocutors: your comments too your insights gain got helped brand this all possible. 2 ... too what else is inward the electrical flow MIP? This beingness the summer, it's fourth dimension for the combined July-August consequence of Managing Intellectual Property . This consequence leads amongst a potent slice past times MIP's editorial squad of Emma Barraclough, Sam Mamoudi too editor James Nurton on the increasingly complex interaction betwixt the drive to found mutual technological standards inward the high-tech too communications sector...

Alterations to the CTM Implementing Regulation entered into forcefulness on Mon (25 July). Main changes include: *Graphical representation – for colours per se, designating a colouring cloth code is optional as well as it volition endure possible to file electronic representations of sounds. *Dividing applications volition endure possible. *The opposition physical care for has been reframed. *The transfer fee volition endure abolished. *Changes to the atmospheric condition nether which licences ask to endure recorded. *Clarification of the new-style conversion procedure. *Clarification that OHIM has a selection betwixt fax as well as post for notification *Documents except decisions dependent area to appeal volition endure sent past times ordinary mail. *Postal strikes except for those inward Kingdom of Spain volition decease irrelevant to deadlines. *Professional representatives ask non file an potency every minute per electrical flow OHIM practice. *Continuation of proceedings past ...

1 Split 'em too streamline 'em The UK has non been renowned for the speed or economic scheme alongside which it decides its patent disputes. This is a shame, because since Nov 2003 the Patents Court has had a special streamlined physical care for for fast-tracking patent litigation. In Canady five Erbe Elektromedizin GmbH too others (decided yesterday yesteryear Mr Justice Pumfrey too speedily picked upward yesteryear the Butterworth All England Direct subscription service) this physical care for was utilised (for the streamlined procedure, click here and scroll downward to item 10). Speedy Gonzales (right) endorses the Patents Court's fast-track procedure Canday owned a patent for a surgical tissue coagulator, consisting of a subway that was used for the transmission of argon or some other noble gas. The claim specified that the device had a grip for the role of manipulation. Canady sued Erbe, a High German companionship that made medical equipment, every bit good every b...

Dutch copyright collecting society, Buma/Stemra , is seeing compensation for royalties lost through podcasting according to DMEurope.com . Podcasting enables producers to brand well content available over the internet. Subscribers tin as well as then subscribe to feeds that automatically download novel programs. Burma/Stemra claims that podcasting should hold upwards treated the same every bit webcasting as well as that permission must hold upwards sought from the copyright possessor earlier purpose is made of well material. As an interim stair out until Jan 2006, the monastic say is disceptation that professional person podcasters should pay 85 euros per calendar month piece amateurs should pay upwards to 35 euros per month. is firmly of the persuasion that copyright shouldn’t become out the window but because there’s a novel means of infringing it. However, he advises copyright owners to mean value seriously close how they tin operate with, rather than hinder, novel technology scie...

IPKat co-blogmeister Ilanah has written a conference newspaper for August’s 5th IP Scholars’ Conference , hosted yesteryear the Cardozo Law School, Yeshiva University, New York. The newspaper is entitled “Dilution inwards the U.S.A. together with European Union (and Beyond) Compared” together with focuses inwards item on the novel examination for blurring nether the U.S.A. Trademark Dilution Revision Act 2005 together with how the factors mentioned nether the examination would endure treated inwards the EU. Dilution protection nether international police line is besides considered. If anybody would similar a copy, delight electronic mail here . Any comments, soundless critical, would endure welcomed.

1 Latest reported copyright decisions The July 2005 number of Sweet & Maxwell's European Copyright together with Design Reports contains but iii decisions: * Microsoft Corp v European Commission , the Court of First Instance's analysis of whether Microsoft's failure to unbundle elements of its software constituted an abuse of a dominant pose nether Article 82 of the EC Treaty; * Tayplan Ltd v D&A Contracts , a Scottish Court of Session representative that deals alongside the niceties of perfecting championship inwards copyright; * Coffey v Warner/Chappell Music Ltd , a delightful High Court determination of Mr Justice Blackburne to the effect that "voice expression", "pitch contour" together with certainly elements of "syncopation of or around" words did non constitute protectable copyright dependent acre matter. Having held accordingly, he dismissed the claim that Coffey's vocal was infringed past times Madonna's "Nothing ...

Via BAILII the IPKat has simply dredged upward this decision, London General Holdings Ltd together with others v USP plc together with another [2005] EWCA Civ 931, which came upward earlier 3 wise men -- Lords Justice Waller, Laws together with Jacob of the Court of Appeal -- on Friday. Back inward 2002 LGH was institute liable for infringing copyright inward a document that was intended to live on a template for a novel system of providing extended warranties on goods to consumers past times agency of trust. The affair was referred for an query into damages to the master, who ordered payment of a notional royalty inward abide by of a transaction inward which LGH used a re-create of the document to laid upward its ain draft documentation for a warranty scheme, incorporating a trust mechanism, that it sought to render to a prospective client. The master copy also awarded damages to reverberate the reduction inward the cost that USP had to offering for its services inward social club to...

has received this from Edward Tomlinson , of Frohwitter. It's a determination of Peter Prescott QC, sitting as a Patents Court Deputy Judge inward CFPH LLC v Comptroller-General of Patents, Designs together with Trade Marks [2005] EWHC 1589 (Pat), 21 July 2005, a instance that addresses the topical number of patents for reckoner programs. CFPH applied for 2 patents for networked interactive betting, the inventions consisting of software that enabled a customer to have the most up-to-date data earlier placing his bet. The applications were refused past times the Patent Office, the examiner considering that all they did was to supply an improved transactional process. This beingness so, the inventions were no to a greater extent than than a describe concern method together with were thus excluded from patentability nether s.1(2) of the Patents Act 1977 (= Article 52 of the European Patent Convention). Since those inventions provided no technical contribution (which could homecoming ...

1 Consolidated blog has simply stumbled across Legislating IP , a US-based intellectual belongings police pull weblog compiled past times a squad of viii bloggers: their stated mission is "to consolidate available data concerning copyright, merchandise grade too patent legislation inwards the Courts, inwards Congress too throughout the United States". It looks rather good. 2 WIPO mag The May/June trial of the World Intellectual Property Organization's WIPO Magazine has simply reached the IPKat. It contains rather to a greater extent than column infinite on the fifth Annual Intellectual Property Day than most publications were prepared to give it. There's likewise to a greater extent than or less reassuring text concerning the value of copyright to the amusement industries of Republic of Republic of India too Argentine Republic respectively. 3 Euro-counterfeiting The European Commission's Official Journal , L185, carries the text of Council Decision 2005/511/JHA ...

1 Design cases for all, but dark marks for the Swedes 's friend David Musker has informed him that OHIM has straightaway established a spider web page giving access to decisions on Community designs past times national Community Design Courts. You tin observe it here . There are only v cases hence far, 3 from the Netherlands as well as 2 from Sweden, inwards Dutch as well as Swedish respectively. The identities of the Swedish lawyers concerned receive got been erased past times a thick dark marker, non (the IPKat hopes) because of their functioning inwards the proceedings but out of a feel of deep modesty ... 2 JIPLP on the way The Journal of Intellectual Property Law as well as Practice ( JIPLP ), to endure published past times Oxford University Press, is good on the means towards its Nov launch. Edited past times IPKat's articulation blogmeister Jeremy, JIPLP is conceived equally a punchy, attractive but deadly serious refereed periodical for intellectual belongings practiti...

reports that the possessor of Barbies Shop, an outlet specialising inward novelties such every 2nd S&M gear has won a merchandise order representative brought against her past times Mattel. Mattel had demanded a alter of mention for the shop, owned past times Barbie Anderson-Walley only the New York District Court decided that this was non necessary. Ms Anderston-Walley pointed to the fact that this was her given mention too that her business of goods was non competing amongst the toymaker. reckons that this sounds similar a prima facie tarnishment case. The link betwixt sadomasochism too doll (at to the lowest degree the assort aimed at children) is non a practiced one. However, it’s ever a fleck uncomfortable to store somebody using his or her ain name. It’s non clear whether the European Union ain mention defense strength covers outset names only this representative peradventure shows why it should – Anderston-Wally’s Shop would endure a peculiarly catchy name.

flora this on Butterworths' All England Direct service; it's non yet available on BAILII or elsewhere. It's a conclusion inward the Patents Court past times Mr Justice Pumfrey inward Halliburton Energy Services Inc v Smith International (North Sea) Ltd too some other [2005] EWHC 1623 (Pat). Halliburton owned 2 patents for the blueprint too role of drill bits for drilling inward rock. The commencement was for ‘roller cone bits, systems, drilling methods too blueprint methods amongst optimisation of molar orientation’, spell the instant related was for ‘roller cone drill bit, method of designing the same too rotary drilling system’. Halliburton sued Smith for infringement.Smith denied infringement too said Halliburton's patents were invalid because they had insufficiently disclosed the subject-matter of their respective inventions. Dismissing Halliburton's claims, Pumfrey J felt that the allegations of insufficiency had been good made. Sufficiency of a specification,...