http://ipkitten.blogspot.com/2019/06/never-too-late-if-you-missed-ipkat-last_13.html
Catch up with the latest developments in the IP world with the new edition of Never Too Late!
Trade Marks
GuestKat Nedim Malovic took a look at the recent confirmation from the Swedish Supreme Court that the storage of infringing goods with a view to sell them might trigger both civil and criminal liability in a recent case.
InternKat Antonella Gentile looked into the decision of the General Court of the European Union (GC) in its judgment in KID-Systeme v EUIPO – Sky (SKYFi) T-354/18 that gave the GC the opportunity to analyse the opposition proceedings before the EUIPO.
Copyright
GuestKat Ieva Giedrimaite summarises the decision by the UK High Court in Sprint Electric Ltd v Buyer’s Dream Ltd [2018] EWHC 1924 (Ch). The court addressed who owned what copyright in computer software developed by a service provider, but where the express contractual provisions left a lacuna as to IPR ownership.
Annsley Merelle Ward reviews the ex tempore decision of Mr Justice Carr in Evalve & Abbott v Edwards Lifesciences [2019] EWHC 1158. In the decision, Abbot’s preliminary injunction was refused as a reflection of the peculiar facts and evidence (or lack thereof) in this case.
Passing Off
GuestKat Alex Woolgar summarised the short but sweet judgment from Lord Justice Floyd in Media Agency Group Limited and Transport Media Limited v Space Media Agency Limited and Ors [2019] EWCA Civ 712 that overturned a rather generous first instance finding of passing off through cybersquatting.
Publications and General Matters
Annsley Merelle Ward provided a nice write-up in anticipation of a new IBIL publication entitled The Sir Hugh Laddie Lectures: The First Ten Years, a compendium of all the Sir Hugh Lectures – delivered at UCL between 2009 and 2018. IPKat readers are able to receive a 15% discount on the cover price by pre-ordering here, and using code SHLL15 at the checkout.
KatFriend Professor Danny Friedmann informed our readers about a publishing opportunity from the publisher Brill to edit a volume on “Wine Law And Policy: From National Terroirs to a Global Market.” We are looking for balanced and critical views of major aspects of wine regulation, including oenological practices, legal regime of grape varieties, organic wines, land use, plant variety rights, and environmental issues.
Continuing the food and drink theme, KatFriend Sánchez Merino provided Kat readers with his most recent summary of IP developments in South America. This included wine trademarks in Chile and trademarks for chocolate coins and beverages in Brazil.
Kat Neil Wilkof providing a touching in memoriam to Grumpy Cat, and looked at the associated IP that this Cat generated.
PREVIOUSLY ON NEVER TOO LATE
Never Too Late 223 [Week ending 26 May] How does the average consumer perceive the term “SPA”? | ‘Guns ‘N’ Rosé’ Beer: Sounds Familiar? | Skykick – why does it matter & what could it mean for trade marks? Counsel’s perspective | Mr Justice Nugee and the Superhose: The potentiality of disclosure | Dutch Court of Appeal injuncts unwilling licensee in first post-Huawei v ZTE FRAND decision | English High Court seizes patent infringement jurisdiction once again | No knowledge in secondary copyright infringement of Eminem’s first album | Ariana Grande, thank you, next: copyright infringement on Instagram | DSM Directive is now Directive 2019/790 and Member States will need to transpose it by 7 June 2021 | Error in the Italian translation of Article 17 of the DSM Directive … but is Italian the only instance? | Conversant v LG: No FRAND rate in sight, as the Paris Cour d’appel tackles essentiality and German trade secrets | Does a “Launch At Risk” Automatically Exclude the Right to Appropriate Compensation for a Wrongfully-Issued Preliminary Injunction? | TILTing Perspectives 2019 | Book review: Public rights – Copyright’s Public Domains | The Agreement on African Continental Free Trade Area (AfCFTA) – Protocol on IP | Lycra owner gets in a tight spot on costs: Unjust Part 36 offers, ex employees, breach of confidence & more | Book Review: Intellectual Property, Finance and Corporate Governance | IP law in Cambridge this summer
Never Too Late 222 [Week ending 12 May] Traveling south (and even further south) | Things come in threes – Paris Tribunal guts Facebook’s T&C’s | Guess guesses wrong regarding a common inverted triangle device | Court of Justice: use of figurative signs may constitute unlawful evocation of a PDO | BREAKING: UK Supreme Court rules that ISPs do NOT have to pay implementation costs in Cartier case | AIPPI Event Report: Are you sitting comfortably? A soft IP storybook on the Byzantine World of Trade Marks with Benet Brandreth | Fordham 27 Recap: Reports 1-14 | European Pharma Law Academy returns to Cambridge | New joint IPKat/BLACA event on ‘The EU DSM Directive: End of the Story?’ | The IPKat—the new features just keep on coming | Book review: Art and Modern Copyright – the Contested Image
Never Too Late 221 [Week ending 5 May] Book review: Competition Law and Intellectual Property in China | Assigned or not assigned? – the tricky issue of priority right transfer (T 0725/14) | Everything is awesome: Lego blocks “Lepin” trade mark registration | AG Szpunar advises CJEU to rule that copyright protection in designs simply arises when they are original | Fordham 27 (Report 14): Priority | Fordham 27 (Report 13): PTAB | “AGING BACKWARDS” for fitness-related goods and services? Insufficiently distinctive, says EUIPO Fourth Board of Appeal | For archives only: crafting copyright limitations and exceptions for archives in South Africa | A slippery design can’t slide away from invalidation at EUIPO | The end of code – long live data | Fordham 27 (Report 12): SPCs | Fordham 27 (Report 11): Views from judicial decision makers | Fordham 27 (Report 10): Patent Potpurri | 50 days: Chinese SPC IP Tribunal closes its first case | Book Review: European Fashion Law, a Practical Guide From Start-up to Global Success | News from the WIPO SCCR: a light at the end of the tunnel? | IT Law Summer School returns to Cambridge with an IPKat discount | Is imitation the sincerest form of flattery? Not when it comes to BMW trade marks, says Frankfurt Regional Court | Hellwig and VMware go in peace (for now) | The Trade Mark Adventures of Zara: Fashion Markets Moving Fast | The first non-traditional trademark registrations have been granted in Mexico | Fordham 27 (Report 9): Biologics and Biosimilars | Fordham 27 (Report 8): Second Medical Use/Plausibility | China amends trade mark and unfair competition law to tackle trade mark squatting and enforcement issues | Fordham 27 (Report 7): AI | Fordham 27 (Report 6): FRAND | Fordham 27 (Report 5): In-house Counsel Panel | Fordham 27 (Report 4): Government Leaders’ Perspectives on IP | Happy ‘IP and Sports’ World IP Day! | Fordham 27 (Report 3): DMCA – 20 years later | Fordham 27 (Report 2): IP – Past, Present & Future | Fordham 27 (Report 1): Key Current IP Issues: Reflections & Analysis | Event Report: IPAN World IP Day Celebrations | German Federal Court of Justice refers new case on communication to the public | Non-traditional trademarks and other amendments to the Mexican IP Law (Second Part) | Follow the IPKat page on LinkedIn! | Swiss Supreme Court Confirms Preliminary Injunction in Kivexa case | Non-traditional trademarks and other amendments to the Mexican IP Law (First Part) | BREAKING: Unwired Planet v Huawei Part III: Huawei is given permission to appeal to the Supreme Court | Singapore’s “FinTech Fast Track” initiative is doing swimmingly well, thank you | IP and the Competition and Consumer Protection Act 2019 (Nigeria) | IP plays a role in decolonising cultural heritage: over 100 experts warn France | The boot is on the other foot: French Supreme Court reconsiders the notion of informed user | IPKat in NY: Fordham IP Conference | DSM Directive Series #4: Article 17 obligations … in a chart | Where is Haar and how did it get there? Observations on Geography while Waiting for G2/19 | AIPPI Event Report: Actavis v ICOS Supreme Court Rapid Response | Paul Rawlinson (1962-2019) | Retromark Volume V: the last six months in trade marks | BREAKING: Council adopts DSM Directive | USPTO find two male torso-shaped perfume bottles confusingly similar | Guitar headstock not distinctive for … guitars, says EUIPO Board of Appeal | Conference report – More than Just a Game | What is bad faith? AG Kokott provides some indications | Pepper gets spicy: The EPO President’s Referral to the EBA | Book review: Accords de technologie / Technology Transactions | More Than Just a Game V – IP and the gaming industry | Event report: Retromark – the conference | Re-imagining Marie Louise Fuller’s copyright of dance in Fuller v Bemis | Conference report: ‘Injunctions and flexibility in patent law’ | DSM Directive Series #3: How far does Article 14 go? | IP: at the rhythm of bossa | AI generated make-up: another IP dilemma to solve? | Have you used the IP5 Collaborative Search and Examination (CS&E) pilot? | IP and Sociology: the symbolism of IP | Access to Copyright Protected Works by Persons with Disabilities – Thoughts on the WIPO SCCR Scoping Study | Oracle files an opposition in its final (?) duel with Google | Conference Report: Should we say “no” to automatic injunctions and “yes” to proportionate remedies? | Gleissner trade mark application is Trumped | Book review: Who Owns the News? A History of Copyright | That was exhausting: sale of individual bracelet link infringes trade mark | Do tapirs look like pigs? ‘Peppa Pig’ EUTM wins invalidity battle before EU General Court | HBO fails in attempt to protect Game of Thrones trade marks | BREAKING: President to refer the patentability of plants produced by essentially biological processes to the EBA | DSM Directive Series #2: Is the press publishers’ right waivable? | IP and innovation in a post-demutualised Nigerian Stock Exchange | Book Review: Non-Conventional Copyright, Do New and Atypical Works Deserve Protection? | Mr Justice Carr grants TQ Delta injunction after finding ZyXEL “holding out” in latest SEP battle | AIPPI UK Event Report: AI Generated Innovation | No interim injunction for copyright infringement => not a Happy Camper | DSM Directive Series #1: Do Member States have to transpose the value gap provision and does the YouTube referral matter? | Report on Copyright and the Court of Justice of the European Union Event | Warner Music signs distribution deal with AI generated music app Endel | Conference report: “Can robots invent and create? A dialogue between Artificial Intelligence and Intellectual Property” | The 10 Highlights of copyright in China 2018 | USPTO conference on Artificial Intelligence and IP: a report | BREAKING: Supreme Court confirms no hard line on inventive step test in finding Cialis dosage patent obvious | BREAKING: EU Parliament adopts DSM Directive | Smart watches: a helping hand or sinister culture of surveillance? | No Allies for Oracle’s Win Against Google | Is imitation the sincerest form of flattery? On copyright in truthful depictions | Italian Supreme Court confirms approach to damage determination in image rights cases | “A loaf of bread”, the Walrus said, “is what we chiefly need”, but did he remember IP? | The proposed fair use exception under South Africa’s Copyright Amendment Bill | “Should everyone else change, or just the Patentee?”: Progress of the Broad’s CRISPR appeal | Smart Contracts: Pros and Cons of the New Shiny Thing | The patentability of computer simulated methods – another referral to the Enlarged Board of Appeal | Seal the deal: Canadian court waxes off copyright infringement in Pyrrha Design Inc. v. Plum and Posey Inc. | BREAKING: CJEU delivers another blow to SPC owners in Abraxis Article 3(d) (or 1(b)) battle | Book review: Enforcement of Intellectual Property Rights in the EU Member States | Italian Supreme Court clarifies availability of safe harbours, content of notice-and-takedown requests, and stay-down obligations | CJEU applies Louboutin, clarifying notion of ‘shape, or another characteristic, which gives substantial value to the goods’ | When does AI infringe copyright? | Bad faith in registering a trademark when there was a pre-existing relationship and the registrant “hijacked” the mark | Trying to understand Article 13 | The U.S. college admission scandal: when brands, brand equity and status “break bad” | A brief introduction of the new Chinese Foreign Investment Law and its protection for IPR | There is no such thing as too much Peruvian (and other) IP news from Latin America | The 2018 copyright registration statistics of China | Danladi v Tiwalope Savage and another – (Nigerian) “Blurred Line” or “Shape of You”? | Paris Tribunal strikes again and guts Google’s T&C’s…including its copyright clauses for user-generated content | Another RCD unfit for appeal | ‘SO…?’ and ‘S.O.’ confusingly similar, says EUIPO Fourth Board of Appeal | BREAKING: TQ Delta proceeds to September RAND Trial after partial win before Mr Justice Carr | Patent Oscars: The good, the bad and the ugly | MARRY ME is descriptive for online dating (even if you are really just dating)
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