Around the IP Blogs

Welcome to another week of recent IP news and views, with a number of items this week considering different perspectives on fairness and balancing rights in IP. 

The IP Watchdog has published a request for amici support in relation to Moodsters v. Disney, arguing that a fame-based – as opposed to originality-based – standard for character copyright protection perpetuates an unfair imbalance of power in the marketplace.

The JIPLP Blog has published the text of its August issue’s Editorial, providing a rightholders’ perspective on the recently issued Section 512 Study of the US Copyright Office.

The Kluwer Patent Blog gave an overview of the recent decision of Mr Justice Morgan in Lufthansa v. Astronics, notably considering the identity of the skilled person in relation to an in-flight passenger power adapter.

The FRAND dispute between Sisvel and Haier has taken its latest turn: according to JUVE Patent, Haier has filed a constitutional complaint as to the compatibility of the Federal Court of Justice’s judgment with EU law. This will be the German Constitutional Court’s first time grappling with SEP/FRAND issues.

How does satire interact with trade mark infringement and commercial disparagement in India? According to this recent piece on Spicy IP, the courts fail to strike an appropriate balance between intellectual property and constitutional rights.

As reported by The Fashion Law, the fast fashion company Fashion Nova is facing the latest in a slew of trade mark infringement actions, this time from Chrome Hearts, which alleges that misleadingly similar versions of its own horseshoe logos have been reproduced on Fashion Nova items.