• No get-out-of-jail-free card for Hasbro as General Court affirms bad faith in MONOPOLY appeal

    http://ipkitten.blogspot.com/2021/04/no-get-out-of-jail-free-card-for-hasbro.html Monopoly may not be quite a favourite in the board gaming community, but the eponymous trade mark decision of last week by the General Court (GC) is sure to become a darling of trade mark professionals. The GC affirmed an important 2019 ruling by the European Union Intellectual Property... Continue reading

     
  • Translation: What the Biblical Tower of Babel can teach us about Netflix

    http://ipkitten.blogspot.com/2021/04/translation-what-biblical-tower-of.html We typically talk about distribution of copyright contents in terms of technology, from ink and parchment to digital transmission. But if distribution is about how to get contents to the widest population, then there is an additional factor: how to communicate these contents to a polyglot public. Here, the... Continue reading

     
  • [Guest post] Go forth and reimplement your APIs: the April 5th Supreme Court judgment in Google v. Oracle

    http://ipkitten.blogspot.com/2021/04/guest-post-go-forth-and-reimplement.html As IPKat readers will know, a few weeks ago the US Supreme Court delivered its much-awaited judgment in Google v Oracle. The IPKat is now pleased to host an analysis of the ruling by Kasper Drazewski (BEUC). Here’s what Kasper writes: Go forth and reimplement your APIs: the April... Continue reading

     
  • A titanic appeal sunk by an ice cube; miniscule use supports an EU registration and UK common law rights

    http://ipkitten.blogspot.com/2021/04/a-titanic-appeal-sunk-by-ice-cube.html Kat friend Ian Gill reports on how miniscule trademark use may be enough to support a passing off claim and maintain a EU trademark registration. Don’t be fooled: decision O/050/21 is not just another unsuccessful appeal to the UK Appointed Person (approximately 85% of such appeals are unsuccessful). Underlying... Continue reading

     
  • Hacon HHJ and the Seed Drill: Intentionality in prior use (Claydon v Mzuri, [2021] EWHC 1007)

    http://ipkitten.blogspot.com/2021/04/hacon-hhj-and-seed-drill-intentionality.html Does a tree falling in a forest make a sound? The answer to this epistemological cliché (and whether or not you care) depends on your philosophical leanings. Patent law has its own clear answer to the question. In UK patent law, the mere potential for prior public use to have... Continue reading

     
  • Celebrating World IP Day with Topodo.co

    http://ipkitten.blogspot.com/2021/04/celebrating-world-ip-day-with-topodoco.html Today’s World IP Day and the 80th birthday celebration of IP giant Sir Robin Jacob.  The IPKat is pleased to mark this year’s festivities by helping unveil Topodo.co, brought to our readers by EUIPO’s Arnaud Folliard-Monguiral. Arnaud explains what it is all about: Who is Topodo.co? This is the stage... Continue reading

     
  • Jeff Bezos loses trade mark battle at the EU General Court

    http://ipkitten.blogspot.com/2021/04/jeff-bezos-loses-trade-mark-battle-at.html In an interesting decision earlier this year, the General Court upheld the EUIPO Fifth Board of Appeal’s decision regarding a likelihood of confusion between the Bezos Family Foundation’s application for EU trade mark (EUTM) registration of ‘VROOM’, the name of a global programme aimed at facilitating early brain development,... Continue reading

     
  • Never Too Late: if you missed The IPKat last week

    http://ipkitten.blogspot.com/2021/04/never-too-late-if-you-missed-ipkat-last_25.html Trade marks GuestKat Riana Harvey analysed a recent decision from the England and Wales High Court (EWHC) in Swatch AG v Apple Inc. This case revolved around Swatch’s trade mark applications for “SWATCH ONE MORE THING” and “ONE MORE THING”. The phrase, “One more thing”, is also known as... Continue reading

     
  • Sunday Surprises

    http://ipkitten.blogspot.com/2021/04/sunday-surprises_25.html Whooohoooo! This Kat is so excited for this week – it’s World IP Day!World IP Day Surprise! Tomorrow we’ll be celebrating the World IP Day, with a colourful project playing with, and often distorting, concepts of IP law.An original tribute to IP you shouldn’t miss! Webinars The Institute for... Continue reading

     
  • Around the IP Blogs

    http://ipkitten.blogspot.com/2021/04/around-ip-blogs_25.html This Kat is enlightened With warmer temperatures ahead, it’s time to look back on last week’s developments from around the IP blogs.  Copyright The buzz around non-fungible tokens (NFTs) in recent months continues unabated, with a post on the Kluwer Copyright Blog about the role of copyright law and... Continue reading