Never Too Late: if you missed the IPKat last week

http://ipkitten.blogspot.com/2019/09/never-too-late-if-you-missed-ipkat-last.html

If you’ve been away catching the last rays of summer, fear not: here are the latest stories from The IPKat.

Ginger is in Ibiza and couldn’t stop talking about the EUIPO
photo credit: @Zuntic, Youtube

Copyright 
Guest correspondent Tyrone Berger reported on a potentially path-breaking initiative from Australia  that impacts anti-competitive conduct, privacy abuses, and copyright regulation in digital platforms.

Trade Mark
SpecialKat Tian Lu wrote about how China’s strict requirements for enterprise names can create trouble for trade mark enforcement.

Another episode of the Louboutin sole saga is here and this time Amazon is in the main cast. GuestKat Antonella Gentile has the story.

GuestKat Alex Woolgar wrote about a UK case involving two similarly named mobile phone applications that did not result in the granting of an injunction.

GuestKat Nedim Malovic wrote about an interesting EUIPO decision that partially invalidated the “Monopoly” EU trade mark.

Publishing
Novelist Jane Austen and American President U.S. Grant both attempted obtain the best publishing deal possible. PermaKat Neil Wilkof narrates their struggles.

Law and Economics 
GuestKat Léon Dijkman interviewed Prof. Tom Cotter on the economic analysis of IP law.

Design 
After several well-known lawsuits, Barbie is back in the courtroom. GuestKat Antonella Gentile wrote about a case that explores whether the ideal image of female beauty can be considered a limit to a designer’s freedom.

Miscellaneous

You are invited to apply for the Shamnad Basheer IP/Trade Fellowship at the Texas A&M University School of Law. Find out more from PermaKat Neil Wilkof here.

Never Too Late 231 [Week ending 25th August] Copyright infringement in the ‘iron pipe film’ case | Makeup brand Charlotte Tilbury successfully proved copyright infringement of its packaging | copyright cases on the U.S. Supreme Court docket this term | Raconteur Productions Limited v Dioni Visions Entertainment Limited and 2 Others: screenplay copyright in Nigeria | Another CJEU referral on Youtube’s role as service provider | Irish Supreme Court in Merck v Clonmel puts “adequacy of damages” back in the balance when granting preliminary junctions | The first AI inventor – IPKat searches for the facts behind the hype | Repurposing patented products: Inking a new test for infringement in Australia? | When a tiger loses its teeth: applying the step-by-step approach on a word mark and a mark containing a device representation thereof | Four Rings to Rule Them All – German Federal Court of Justice Finds Trademark Infringement in Radiator Grille with Audi-Logo-Shaped Mounting Fixture | USPTO amends the rules: “Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants” now in effect

Never Too Late 230  [Week ending 11th August] The IPKat team: arrivals, farewells, and news | Nokia v. Daimler: (anti-)anti suit injunctions and the Brussels I regime in global FRAND litigation | Are FRAND-disputes too complex for PI proceedings? | When will the appeal fee be refunded?: G 1/18, the decision | Coloplast v Salts: Should UK infringement proceedings be stayed if the patent has been opposed? | Patent infringement in public procurement? Still awaiting an answer | Jury awards Joyful Noise $2.8M in copyright infringement damages for Katy Perry’s Dark Horse | Gigi Hadid Instagram copyright infringement case dismissed | US Senate Judiciary Committee approves small-claims copyright bill (CASE Act) and reports its to legislature without amendment | AG opinion regarding Aceto Balsamico leaves a sour taste for Modena | ‘Going down’ is a trade mark that causes a bad influence on morality, says the Beijng High Court in China | Latin America–a whole lot of trademark activity is going on | SportFuel is running on empty after losing appeal: US 7th Circuit Court affirms that Gatorade’s slogan, ‘Gatorade The Sports Fuel Company’ is fair use. | Book Review: Unified Patent Protection in Europe | Tragic news: Professor Shamnad Basheer has passed away | Remembering Shamnad Basheer | WIPO launched its first program on IP for indigenous women | IP Tribunal of SPC opens first circuit trial in July 2019
Never Too Late 229  [Week ending 4 August] Takeda v Roche: ‘Is it plausible? Is it true?’ | Enlarged Board of Appeal in G 1/18 | Beyond exclusion of pharmaceutical products from patentable subject matter as a solution to limited access to medicines in Africa | ‘Cartography and Copyright’ | Warhol v Goldsmith: fairness of use by iconic artwork adjudicated in New York. | English High Court raises eyebrows over request to disclose ISP customer data | The EU Regulation on fairness in the platform economy is a let down for intellectual property | Vallenato and Raicilla, take me south | Copyright Infringement Confirmed, but No Damages for ‘Cordoba’ Photographer | breaking news from the CJEU (in one day nonetheless!) | ‘BOSWELAN’: – No Special Treatment for Medicinal Product Trade Marks | CJEU dismisses Red Bull’s appeal concerning its colour combination marks | The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? | Turning the AC off as no likelihood of confusion is found: AC Milan survives AC Marriott opposition | “Intellectual Property and the Visual” ISHTIP 2019 | CIPA seminar on the revised Rules of the Procedure of the Board of Appeal | Book Review: The Right of Communication to the Public in EU Copyright Law | Book Review: The Sir Hugh Laddie Lectures: The First Ten Years 

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