The IPKat BLOG – Page 159

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Guest Book Review: The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity

http://ipkitten.blogspot.com/2021/07/guest-book-review-copyrighttrademark.html Katfriend Dr Sabine Jacques, Associate Professor in IP, IT & Media law at the University of East Anglia and author of The Parody Exception in Copyright Law (OUP 2019), provides the follow review of The Copyright/Trademark Interface: How the Expansion of Trademark Protection is Stifling Cultural Creativity – by... Continue reading
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Book review: Research Handbook on Trademark Law Reform

http://ipkitten.blogspot.com/2021/07/book-review-research-handbook-on.html At first glance, this book might easily be overlooked. The title’s suggestion of legislative reform processes could scare off readers. Because the editors are US-based scholars and the EU’s quaint spelling of “trade mark” is not used in the title, non-American readers might think the book is not for... Continue reading
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Never Too Late: if you missed The IPKat last week

http://ipkitten.blogspot.com/2021/07/never-too-late-if-you-missed-ipkat-last_18.html Patent The breaking news last week was the German Constitutional Court’s decision to reject the constitutional complaint against the Unified Patent Court (UPC). GuestKat Léon Dijkman analysed this decision to see whether there is still a future for the UPC. Rose Hughes commented on the recent hearing in G1/21... Continue reading
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Elucidating the Economics of Music Streaming Recommendations

http://ipkitten.blogspot.com/2021/07/elucidating-economics-of-music.html Following the #BrokenRecord and #FixStreaming campaigns, the UK Digital, Culture, Media and Sport Committee launched into an inquiry into the impact of music streaming on artists, record labels and the sustainability of the wider music industry. [Katposts here.] Over 200 pieces of written evidence were submitted, and further witnesses were... Continue reading
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EBA dodges the question in G1/21 (ViCo oral proceedings)

http://ipkitten.blogspot.com/2021/07/eba-dodges-question-in-g121-vico-oral.html The EPO yesterday announced the Enlarged Board of Appeal (EBA) decision in G1/21 (ViCo oral proceedings). The EPO press release can be read here. In what will be a disappointment to many, the EBA has limited its answer to the legality of mandatory oral proceedings during a period of... Continue reading
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Conceptual comparison and famous names in trade mark applications – Miley Cyrus opposition overturned by General Court

http://ipkitten.blogspot.com/2021/07/conceptual-comparison-and-famous-names.html Readers may remember that, back in September 2020, the CJEU considered whether there was a likelihood of confusion where a mark being filed for registration was that of MESSI, renowned football player that everyone has heard of in one context or another (the existing mark upon which opposition was... Continue reading
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Court of Appeal grapples with US v UK confidentiality in Autostore v Ocado without prejudice discussions

http://ipkitten.blogspot.com/2021/07/court-of-appeal-grapples-with-us-v-uk.html Two paws for Autostore, one tail(not pictured) for Ocado Last week the Court of Appeal upheld a decision of His Honour Judge Hacon in Autostore v Ocado [2021] EWCA Civ 1003 where he refused an injunction to stop the use of materials in the US by AutoStores where Ocado contended... Continue reading
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CRT and Heineken amicably end their dispute over the use of the word “Tequila” in Desperados beer

http://ipkitten.blogspot.com/2021/07/crt-and-heineken-amicably-end-their.html CRT (the Mexican Tequila Regulatory Council) announced that the legal dispute over the use of the word Tequila in Desperados beer has ended. In a video released on 13 July 2021, Miguel Ángel Domínguez Morales (President of the Mexican Tequila Regulatory Council) indicated that an amicable agreement had been reached... Continue reading
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[Guest post] The General Court of the EU wanders into copyright law, and gets disoriented

http://ipkitten.blogspot.com/2021/07/guest-post-general-court-of-eu-wanders.html The IPKat is delighted to host the following guest post by Katfriend Frederic Blockx on yesterday’s interesting and important decision of the General Court in T-185/19. Here’s what Frederic writes: The General Court of the EU wanders into copyright law, and gets disoriented by Frederic Blockx No access for... Continue reading
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AG Øe advises CJEU to rule that Article 17 is COMPATIBLE with the EU Charter of Fundamental Rights and should not be annulled

http://ipkitten.blogspot.com/2021/07/ag-e-advises-cjeu-to-rule-that-article.html AG Saugmandsgaard Øe Is Article 17 of Directive 2019/790 (DSMD) compatible with the EU Charter of Fundamental Rights, notably its Article 11 and the principle of freedom of expression and information? According to Poland, the answer should be in the negative. Indeed, shortly after the adoption of the Directive... Continue reading